Charles T. Rodgers v. Burt Rodgers and Gary Morgan

Summary

The court held that when specifically devised property is sold by an attorney in fact while the testator is incompetent and the testator never regains testamentary capacity, the specific devise is not adeemed as to identifiable, unexpended sale proceeds. The court concluded that the durable-power-of-attorney statute does not determine entitlement to those proceeds, reversed the order treating them as residuary property, and remanded. Chief Justice Hannah, joined by Justice Baker, dissented, arguing that the will devised land rather than timber and that the proceeds therefore belonged to the residuary estate.