Charles T. Rodgers v. Burt Rodgers and Gary Morgan — Hannah, J., Dissenting

Summary

Justice Hannah's dissent argues that the will devised the land and mineral rights, not any specific timber, so the sale of timber before the testator's death could not constitute ademption. He would reject treating identifiable, unexpended sale proceeds as substitutes for timber and would affirm the circuit court. Justice Baker joined the dissent, which contests the majority's interpretation of the will and its treatment of predeath timber-sale proceeds.