Wills - Bequest of contents of brokerage account did not adeem by extinction despite transfer of contents to another brokerage firm.

A decedent's bequest of the contents of a brokerage account identified by its account number and brokerage firm, which the decedent described as the "Municipal Bond fund which represents 95% of the entire account valued at $340,000," as well as the "Cash and mutual funds," did not adeem by extinction, even though the decedent subsequently arranged an "in-kind" transfer of all the contents of the account to another brokerage firm which assigned a new account number. Notably, the contents of the new account were the same as the contents of the old account. Therefore, the appellate court found that there was no change in the substance or essential nature of the property, and the real nature and identity of the thing given had been substantially preserved. This decision may not yet be released for publication. In re Estate of Geary,(Tenn.Ct.App.)