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Full-Text Articles in Estates and Trusts
Error In Omitting "Or Die" After A Testamentary Gift Of Income To Widow, Anthony A. Morano
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.
Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall
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 …