Estates and Trusts Commons^™

Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano

Cleveland State Law Review

The purpose of this essay is to consider the problems posed by a hypothetical omission of the words "or dies" from a typical testamentary gift of income to a surviving spouse during widowhood. While it is sincerely hoped that no one will have need of it, the writer wishes to record the products of his research and analysis just in case it may assist some blushing brother's future search for the consequences of that most painful of errors-the rare, unique mistake that no one before has made.