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Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Validity of Instrument Which Only Appoints Fiduciary--Is an instrument which makes no testamentary gift, but only designates or appoints the personal representative to administer the estate and provides certain special powers of fiduciary administration entitled to probate as a valid will? While it has been said that there need be no dispositive gift of property to entitle a testamentary writing to probate as a will,' there seems to have been no definite court decision in Tennessee so holding until the recent case of Delaney v. First Peoples Bank of Johnson City. In that case a writing properly executed with the …
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Vanderbilt Law Review
Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts. But in absence of any violation of public policy a testator is free …