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Cleveland State University

Testamentary trust

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Full-Text Articles in Estates and Trusts

Racial And Religious Discrimination In Charitable Trusts: A Current Analysis Of Constitutional And Trust Law Solutions, Roy M. Adams Jan 1976

Racial And Religious Discrimination In Charitable Trusts: A Current Analysis Of Constitutional And Trust Law Solutions, Roy M. Adams

Cleveland State Law Review

It is the purpose of this article to chronicle and analyze the process by which constitutional and trust law have blended together in the charitable trust field. The questions to be posed and answered are essentially these: Can a settlor expect racial and religious restrictions in a charitable trust to be allowed to operate? If such restrictions may operate, under what conditions and circumstances? If not, why not, and what will happen to the trust property thereafter?


Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall Jan 1956

Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall

Cleveland State Law Review

What is the effect of an absolute devise of "proceeds" or "income" of the corpus of an estate where, under a general devise, words clearly importing the creation of a fee simple estate as to the corpus are lacking and there is no express or implied power of sale? More particularly we shall consider the above in the following circumstances:(1) When in the will there is contained an absolute gift of "proceeds" of the corpus; (2) A gift of "proceeds" of the corpus followed by limitation upon the corpus; and (3) Where under a bequest of "proceeds" along with creation …