In case of a guardian's sale or other transfer of any real or personal property specifically devised by a ward who was competent to make the will, but was incompetent at the time of the sale or transfer and never became competent thereafter, so that the devised property is not contained in the estate at the time of the ward's death, the devisee may, at his or her option, take the value of the property at the time of the ward's death with the incidents of a general devise or take the proceeds thereof with the incidents of a specific devise.
Ark. Code Ann. § 28-24-102
Sale of property devised by ward not an ademption
Applied in 1 court decision — leading case Rodgers v. Rodgers (2012)
Most recently applied in Rodgers v. Rodgers (May 2012)
Acts 1949, No. 140, § 30; A.S.A. 1947, § 60-414.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.