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IN THE ESTATE OF MILDRED M. HONSE, Deceased.

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No. SD31853 Filed: 2-1-13

APPEAL FROM THE CIRCUIT COURT OF MARIES COUNTY Honorable Douglas D. Gaston, Associate Circuit Judge REVERSED AND REMANDED Does the court-ordered sale of property by a conservator to support his incompetent ward completely adeem a specific bequest or devise to a beneficiary of the ward's trust? Our answer on these facts is "No." Instead, the bequest or devise is adeemed only to the extent the sale proceeds are used to support the ward or pay estate expenses and, after the ward's death, the balance of the identifiable proceeds passes to the beneficiary. I. Factual and Procedural Background The record on appeal consists solely of the legal file, from which our summary of the facts is drawn. Donald Honse (Donald) and Mildred Honse (Mildred) were husband and wife.1 The couple had five biological children: Sandra Kay Schoene (Schoene); Debra Lynn Clark (Clark); Nancy Ann Rowden (Rowden); Douglas Andrew Honse Because several persons mentioned in this opinion share the same surname, we refer to them by their first names for purposes of clarity.
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(Douglas); and Gregory Steven Honse (Gregory). Hereinafter, we collectively refer to Schoene, Clark and Rowden as "Daughters." Gregory died prior to 2005 and left no surviving issue. On February 24, 2005, Donald and Mildred executed a joint, revocable inter vivos trust denominated as the Honse Family Trust (the Trust). Article III,

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