Church v. Morgan

685 N.E.2d 809 (1996)

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Nature of the Case

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Facts

Lacy devised money in a specific savings account to Spring and the residue of her estate to Cobbs. Lacy had been driven to the lawyer's office to sign the will by her friend and accountant Sam who held power of attorney and was named executor. On the drive home, Sam advised Lacy to put the monies ($90,000) in the savings account in a CD. Lacy then died in three months. Sam had no idea of the terms of the will when he gave that advice to Lacy. Sam was worried that the devise to Spring had been inadvertently adeemed. Sam sued to construe. The trial court admitted extrinsic evidence of the circumstances of the CD purchase and held the devise not adeemed.