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Full-Text Articles in Law
Conditional Wills, Alvin E. Evans
Conditional Wills, Alvin E. Evans
Michigan Law Review
The discovery of what the language of a testator means is a constant duty of the courts. The task in the case of wills conditional in form frequently is to inquire whether the conditional language is merely formal and used by way of inducement or is intended to be taken literally. Clear cut and uniformly dependable tests as guides to such inquiry do not exist.
Powers - Execution By A Residuary Clause, Herman J. Bloom
Powers - Execution By A Residuary Clause, Herman J. Bloom
Michigan Law Review
A testator devised all his property in trust; he instructed the trustees to purchase a residence for his wife and gave her the general power to appoint by will, both with respect to this proposed residence and with respect to a sum of money from the testator's estate, the aggregate amount being $20,000. The trustee purchased a 25-foot lot and the wife purchased 8 1/ 3 feet of an adjoining lot. At the request of the wife, the trustees erected a two family residence, the main part of the building being on the 25-foot lot, but the eaves and one …
Wills - Charitable Trusts - Doctrine Of Approximation - Accumulation, Malcolm L. Denise
Wills - Charitable Trusts - Doctrine Of Approximation - Accumulation, Malcolm L. Denise
Michigan Law Review
By his will of 1915 the testator, after providing for several legacies, left the residue of his estate to trustees, to expend the income therefrom in establishing and providing a home for the worthy aged poor of Waterbury, in the memory of his deceased wife. The income was not sufficient adequately to carry out this direction, the fund amounting to around $30,000 at the time of testator's death in 1920, and the trustees petitioned the court for instructions. Held, there being a general charitable intent, the fund should be administered cy pres by the court to relieve the aged …