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Full-Text Articles in Estates and Trusts
Berger V. O'Hearn [Dissent], Jesse W. Carter
Berger V. O'Hearn [Dissent], Jesse W. Carter
Jesse Carter Opinions
A creditor's action against estate to recover debt owed by decedent was time barred, as it was not filed against the administrator within the statute of limitations, and filing a claim with the probate court did not amount to commencing an action.
Estate Of Duke [Dissent], Jesse W. Carter
Estate Of Duke [Dissent], Jesse W. Carter
Jesse Carter Opinions
The widower was not entitled to receive a portion of his wife's estate, when the language in her will showed her intent not to provide for him in the will, even though the language in the will did not specifically name the widower.
Estate Of Sargavak, Jesse W. Carter
Estate Of Sargavak, Jesse W. Carter
Jesse Carter Opinions
While declarations of the testator before and after the execution of a will were admissible for the purpose of showing intent, they were not admissible for the purpose of proving the meaning the testator attributed to specific provisions.
Estate Of Ferrall [Dissent], Jesse W. Carter
Estate Of Ferrall [Dissent], Jesse W. Carter
Jesse Carter Opinions
The court reversed a decision requiring a co-trustee to determine the amounts necessary and sufficient to pay for the incompetent beneficiary's necessary needs, and to invade the corpus if required; no abuse of discretion by co-trustee was shown.
Estate Of Arbulich [Dissent], Jesse W. Carter
Estate Of Arbulich [Dissent], Jesse W. Carter
Jesse Carter Opinions
Reciprocal inheritance rights prescribed by the probate code did not exist between residents and citizens of the U.S. and those of Yugoslavia as to real or personal property. Thus, the decedent's Yugoslav brother could not share in the estate.
Estate Of Jamison, Jesse W. Carter
Estate Of Jamison, Jesse W. Carter
Jesse Carter Opinions
Evidence produced by contestants that a testator had difficulty with figures and that cherished family members received little under a holographic will was sufficient to create a triable issue of fact on the issue of undue influence.