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Future Interests - Powers-Fraud On A Special Power, Bernard L. Trott S. Ed.
Future Interests - Powers-Fraud On A Special Power, Bernard L. Trott S. Ed.
Michigan Law Review
H was co-trustee under a trust agreement executed by his father which provided for payment of a specified monthly sum to H for life and after his death to his wife W. The trust was to terminate upon the death of the survivor of H and W, and thereupon the other trustee was to deliver 20% of the corpus to each of three named persons, A, B, and C. The trust instrument further provided that H was to have absolute power, with approval of the co-trustee, to prescribe that the distribution of this 60% of the …