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8 Illinois opinions name it 2 courts 1941–2025 2 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Brady v. Painegreen2 sentences2012Ademption ¶ 15 Plaintiffs contend the trial court erred in finding the gift in article fourth, section 1, of Irwin’s trust had adeemed where, even though the account number bearing the assets had changed, the assets remained available for distribution and Irwin’s intent was clear that he wanted plaintiffs to receive the gift. ¶ 16 The doctrine of ademption is the “extinction, alienation, withdrawal[,] or satisfaction of the legacy or devise by some act of the testator by which an intention to revoke is indicated.” Brady v. Paine, 391 Ill. 596, 600-01 , 63 N.E.2d 721 (1945). 2012Ademption ¶ 15 Plaintiffs contend the trial court erred in finding the gift in article fourth, section 1, of Irwin’s trust had adeemed where, even though the account number bearing the assets had changed, the assets remained available for distribution and Irwin’s intent was clear that he wanted plaintiffs to receive the gift. ¶ 16 The doctrine of ademption is the “extinction, alienation, withdrawal[,] or satisfaction of the legacy or devise by some act of the testator by which an intention to revoke is indicated.” Brady v. Paine, 391 Ill. 596, 600-01 , 63 N.E.2d 721 (1945). | 1 | 3 |
Ruby v. Rubygreen1 sentence2012Ruby v. Ruby, 2012 IL App (1st) 103210, ¶ 16 (defining ademption). ¶8 In September 2000, Walgreen apparently suffered a stroke. | 1 | 1 |
Wasserman v. Cohengreen1 sentence2012See Wasserman v. Cohen, 606 N.E.2d 901, 903-04 (Mass. 1993). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bollman v. Pehlman
green
2 sentences2025Id. at 1206 . ¶ 32 We agree with petitioners in that Colledge “finds common ground with Bollman on only two bases—the existence of specific bequests and residuary distribution schemes in both estate documents. 2020The trial court below had applied the doctrine of ademption, which the appellate court described as: “when a testator bequeaths a specific item of property to someone but then disposes of the item before dying, the bequest is said to be ‘adeemed,’ and the devisee cannot inherit either that item or its value.” Bollman, 352 Ill. App. 3d at 1206 . | 3 | 2012–2025 |
Lenzen v. Miller
green
2 sentences2023Lenzen, 378 Ill. at 175 . 2023Lenzen, 378 Ill. at 175 . ¶ 12 Further, the ademption doctrine, by which a bequest is declared lost, applies only to specific legacies; that is, if a specific article or specific fund is bequeathed and the subject matter of the bequest does not exist when the testator dies, there is an ademption of such bequest. | 1 | 2023–2023 |
Baker v. Baker
green
1 sentence1941Tanton v. Keller, supra; Baker v. Baker, supra. The inclination of the courts is to hold legacies to be general or demonstrative rather than specific,' and to make a legacy specific the terms employed in the will creating such legacy must clearly require such a construction. | 1 | 1941–1941 |
Tanton v. Keller
neutral
1 sentence1941Tanton v. Keller, supra; Baker v. Baker, supra. The inclination of the courts is to hold legacies to be general or demonstrative rather than specific,' and to make a legacy specific the terms employed in the will creating such legacy must clearly require such a construction. | 1 | 1941–1941 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.