ILNews

Grandchildren not entitled to proceeds of land sale under will

Back to TopCommentsE-mailPrintBookmark and Share

A Monroe Circuit judge did not err in denying a motion by three grandchildren to correct errors in which they claimed that they, instead of their grandmother’s second husband, should have received the proceeds of the sale of land in Bloomington. The Indiana Court of Appeals held the Bloomington residence was adeemed by extinction, so the proceeds of the sale pass to Cora Young’s second husband, Theodore.

In In the Matter of the Supervised Admin. of the Estate of Cora E. Young, deceased; Terry Douthitt, Kelly Douthitt, and Kevin Douthitt v. Theodore R. Young, 53A04-1301-EU-36, grandchildren Terry, Kelly and Kevin Douthitt appealed Judge E. Michael Hoff’s denial of their motion to reconsider. They claimed based on the language in Cora Young’s 1976 will, the proceeds of the sale of property in Bloomington should be distributed to them, not her second husband, at her death.

Cora Young sold her Bloomington property on May 2, 2012; she then purchased another property in Solsberry. She died testate on June 26, 2012. Her will said that she would bequeath certain property to her son, Dennis, upon her death and that the rest and residue of her property would go to Theodore Young. If he didn’t survive her, then any property not attributable to his heirs would go to Dennis Douthitt.

Cora Young’s son died before her and she never changed her will to specifically reference the grandchildren.

Hoff held that the proceeds from the sale of property should be distributed to Theodore Young. Since the property was no longer owned by her at the time of her death, it was adeemed by extinction and the proceeds would go through the residuary clause of the will and go to her husband.

The grandchildren argued that the clause “excepting what m[a]y be the proceeds of any of the items mentioned in item two” clearly excepts the proceeds of the sale from the residuary clause and bequeaths them to their father, Dennis. But the COA found this particular clause was not specific enough to overcome the clear doctrine of ademption by extinction and except the proceeds of the sale of the Bloomington residence out of the residuary clause. The proceeds of the sale must go to the residuary beneficiary named in the will – her husband.



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT