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Law School Case Briefs

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In Re Estate of Anton

Supreme Court of Iowa (2007) | 731 N.W.2d 19; 2007 Iowa Sup. LEXIS 58; 2007 WL 1227653

4 min read

TL;DR: An attorney-in-fact sold specifically devised property to pay for the testator's care. The court held the bequest was not adeemed because the testator was unaware of the sale, making it an involuntary act. The beneficiary was entitled to the traceable proceeds remaining in the estate.

Legal Significance: Establishes that a sale by an attorney-in-fact without the testator's knowledge does not cause ademption of a specific devise. This extends the "involuntary act" exception beyond sales by guardians, focusing on the testator's awareness and opportunity to revise the will rather than the agent's status.

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