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Testamentary Designations Of Attorneys And Other Employees, Jean Fleming Powers

Golden Gate University Law Review

This article sets forth a clear, principled analysis by which many of the problems in will construction can be alleviated. Such an analysis requires appropriate consideration of the testator's intent, his freedom to create conditions in the will, and the relationship between the two. Under this type of analysis, the result is not dictated by the nature of the employment. However, the type of employment has some influence on the result, since it has some bearing on the testator's intent. As is so often the case concerning written legal documents, the problems can be virtually eliminated by drafting with an …