§560:2-606  Nonademption of specific
devises; unpaid proceeds of sale, condemnation, or insurance; sale by
conservator or agent.  (a)  A specific devisee has a right to the
specifically devised property in the testator's estate at death and:



(1)  Any balance of the purchase price, together with
any security agreement, owing from a purchaser to the testator at death by
reason of sale of the property;



(2)  Any amount of a condemnation award for the taking
of the property unpaid at death;



(3)  Any proceeds unpaid at death on fire or casualty
insurance on or other recovery for injury to the property; and



(4)  Property owned by the testator at death and
acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the
security interest for a specifically devised obligation.



(b)  If specifically devised property is sold
or mortgaged by a conservator or by an agent acting within the authority of a
durable power of attorney for an incapacitated principal, or if a condemnation
award, insurance proceeds, or recovery for injury to the property are paid to a
conservator or to an agent acting within the authority of a durable power of
attorney for an incapacitated principal, the specific devisee has the right to
a general pecuniary devise equal to the net sale price, the amount of the
unpaid loan, the condemnation award, the insurance proceeds, or the recovery.



(c)  The right of a specific devisee under
subsection (b) is reduced by any right the devisee has under subsection (a).



(d)  For the purposes of the references in
subsection (b) to a conservator, subsection (b) does not apply if after the
sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that
the testator's incapacity ceased and the testator survived the adjudication by
one year.



(e)  For the purposes of the references in
subsection (b) to an agent acting within the authority of a durable power of
attorney for an incapacitated principal:



(1)  "Incapacitated principal" means a
principal who is an incapacitated person;



(2)  No adjudication of incapacity before death is
necessary; and



(3)  The acts of an agent within the authority of a
durable power of attorney are presumed to be for an incapacitated principal. [L
1996, c 288, pt of §1]