[WSBAPT] Does specific gift of firearms include ammo?

[Jennifer L White]

Tim,
If you give someone a horse, do they also get the saddle, bridle, hay, and horse trailer? I think not. It comes down to the language of the gift. What is the "scope" of the wording. Each of those items are specific and separable. They each have their own separable and saleable value. The decedent could have included, "firearms, ammo and all firearm related accessories." It sounds like he did not. IMHO it's firearms only to Ben A.

BTW, if you have any 9 mm they want to sell, PM me.
Thx,

Jennifer L. White, Esq.
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jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Thursday, July 8, 2021 9:02 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does specific gift of firearms include ammo?

All,

I have an interesting question that I have not yet researched -

Decedent's Will has specific gift of "all firearms" to Beneficiary A. Residuary is split equally between beneficiary A and B. Decedent is ex-military and the estate inventory of firearms is very extensive. There is also a significant amount of ammunition. A & B are not on good terms and, of course, disagree on where the ammunition goes. And today, ammunition is worth a good amount of money.

Question - is there any case law that discusses whether a specific gift of "firearms" would include the corresponding  "ammunition"? Or any similar case law that discusses specific gifts and items that may or may not go with such items?

Thanks,

Timothy C. Lehr
Attorney at Law

[cid:image002.jpg at 01D773E1.0DD09BD0]

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