02/09 Decedents’ Estates Question

In 2004, Testator duly executed a will providing as follows:

1. I give my 100 shares of XYZ common stock to my cousin Andy.

2. I give my home at 4 Cypress Garden to my cousin Ben.

3. I give my automobile to my friend Carrie.

4. I give $10,000 to my friend Donna.

5. I give the residue of my estate to my friend Ed.

In 2006, Testator sold her home at 4 Cypress Garden and, with the entire sales proceeds, purchased a condominium as her new home.

In 2007, Testator traded the white automobile that she owned when her will was executed for a blue automobile.

In 2008, Testator died. At the time of her death, Testator owned 200 shares of XYZ common stock, having acquired an additional 100 shares as the result of a dividend paid by XYZ to its shareholders in its own stock. Testator also owned the condominium, the blue automobile, and a $50,000 bank account.

Testator was survived by Andy, Ben, Carrie, Donna, and Ed. She was also survived by Donna’s daughter. Three months after Testator died, Donna made a valid disclaimer of any rights to the $10,000 bequest to which she might otherwise be entitled. Testator’s will was admitted to probate.

To whom should Testator’s probate estate be distributed? Explain.