Question
Leonard Wolfe was killed in an automobile accident while driving his Toyota Camry. The car was rendered a total loss, and Wolfe's insurance carrier paid
Leonard Wolfe was killed in an automobile accident while driving his Toyota Camry. The car was rendered a total loss, and Wolfe's insurance carrier paid his estate $17,550 for damage to the vehicle. Under the terms of Wolfe's will, any car owned at his death was to be given to his brother, David. Wolfe's daughter, Carol, however, brought an action, claiming that the gift of the car to David was adeemed by its total destruction and that she, as the residuary legatee under the will, was entitled to the insurance proceeds. Who is entitled to the insurance proceeds? Please explain.
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