Law Commons^™

Wills-Execution, John J. Burns

Duquesne Law Review

The Pennysylvania Supreme Court has held that a signature by a decedent on the portion of a printed will form that is normally used to identify the document when properly folded does not satisfy the statutory requirement that a will be signed at the end thereof.

In re Estate of Proley, 492 Pa. 57, 422 A.2d 136 (1980).

Rule Against Perpetuities - Equitable Modification - Private Testamentary Trust, David R. High

Duquesne Law Review

The Supreme Court of Appeals of West Virginia has adopted a doctrine of equitable modification, to be applied to a non-charitable devise or bequest which violates the Rule Against Perpetuities in order to revise the instrument in a fashion that effectuates a testator's general intent within the limitations established by the Rule.

Berry v. Union National Bank, 262 S.E.2d 766 (W. Va. 1980).

Wills - Legacies - Stock Splits, William James Mckim

Duquesne Law Review

The Supreme Court of Pennsylvania has held that a legatee is entitled to shares resulting from a stock split which occurred after the execution of a will and codicil but prior to death of testator where testator had disposed of all such stock owned by him at time he wrote the will and codicil.

Marks Will, 435 Pa. 155, 255 A.2d 512 (1969).

Wills - Lost Revoking Instrument, Robert A. Kelly

Duquesne Law Review

Oral testimony of a lost revoking instrument is not admissible to defeat an existing valid will. A revoking "other writing" must be executed and proved in the manner required by the Wills Act.

Leonard Estate, 427 Pa. 363, 234 A.2d 856 (1967).

T

Wills - Stock Split - Legatee Takes Exact Number Of Shares Bequeathed, Mark A. Rock

Duquesne Law Review

A testatrix's bequest of a specified number of stock shares which split after she made her will but before she died was held effective to pass only the exact number bequeathed and not the total number owned at death.

Greathead Estate, 428 Pa. 553, 236 A.2d 224 (1967), rehearing denied, 236 A.2d 224 (1968).

Wills - Execution, Daniel P. Stefko

Duquesne Law Review

Signature by testatrix in the attestation clause does not satisfy statutory requirement of signature at the end thereof.

Knupp Estate, ___ Pa. ___, 235 A.2d 585 (1967).

Wills - General Powers Of Appointment, Paul E. Warburgh Jr.

Duquesne Law Review

Exercise of a power by a general bequest or devise in a will-The Pennsylvania Supreme Court in applying Section 14(14) of the Wills Act of 1947 has clarified the law by holding that extrinsic evidence is inadmissible to prove a contrary intent.

Jaekel Estate, 424 Pa. 433, 227 A.2d 851 (1967).

Trusts-Purpose Contrary To Public Policy, Michael J. Aranson

Duquesne Law Review

The Pennsylvania Supreme Court clarifies and updates its views on the validity of marriage and re-marriage conditions which are annexed to a testamentary trust, relating to the religion and national origin of the spouse of a beneficiary.

In re Estate of Keffalas, 426 Pa. 432, 233 A.2d 248 (1967).

Trusts - Principal And Income Act - Mutual Funds, Richard E. Myers

Duquesne Law Review

The Pennsylvania Supreme Court in interpreting sections 5(1) and 5(3) of the Principal and Income Act of 1947 has held that mutual fund distributions designated as realized capital gains are allocable to principal.

In Re Estate of Brock, 420 Pa. 454, 218 A.2d 281 (1966).

Life Estates - Power To Consume - Remainderman, David J. Pleva

Duquesne Law Review

The Supreme Court of Pennsylvania, applying common law rules of construction, has decided that a life tenant in personalty with the power to consume is accountable to the remainderman for the increased value of the bequeathed property.

Moltrup Estate, 424 Pa. 161, 225 A.2d 676 (1967)

Wills - Slayer's Act - Re-Litigation Of Guilt In Orphan's Court, Kenneth S. Robb

Duquesne Law Review

Re-litigation of guilt in Orphans' Court-Conviction of murder conclusive bar to recovery under decedent's will.

Kravitz Estate, 418 Pa. 319 (1965).