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Wills - Ademption - Sale Of Property By Guardian Of Physically Incompetent Testator, David W. Swanson S.Ed.
Wills - Ademption - Sale Of Property By Guardian Of Physically Incompetent Testator, David W. Swanson S.Ed.
Michigan Law Review
By a will executed in 1950, testator devised his undivided one-half interest in his home to his wife in fee simple. A year · later and with his consent, the probate court appointed a guardian for him on the ground of physical incompetency. In 1952 the guardian sold the devised property under court order, at which proceeding the testator was properly before the court, was consulted, and agreed to the sale. A small portion of the proceeds was used for the support of the testator but $7271 remained at his death five months later and was turned over to his …
Trusts - Spendthrift Trusts - Reduction In Income As Justification For Termination In Favor Of Beneficiary, Norman A. Zilber S.Ed.
Trusts - Spendthrift Trusts - Reduction In Income As Justification For Termination In Favor Of Beneficiary, Norman A. Zilber S.Ed.
Michigan Law Review
Testatrix died in 1913 leaving a will which established a $20,000 spendthrift trust. The income from this trust was to be paid to her son for life with the remainder, in default of issue and the exercise of a general testamentary power of appointment, to go to the other descendants of the testatrix then living. The stated purpose of the trust was to assure her son of "a support throughout his . . . whole life, under any circumstances.'' The son, 65 years old and without issue, sought to terminate the trust on the ground that he was about to …
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Michigan Law Review
Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …