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Estates and Trusts

University of Michigan Law School

Michigan Law Review

1942

Blackacre

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Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie Feb 1942

Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie

Michigan Law Review

It is not an uncommon practice for a testator to make a gift on the condition that the devisee pay to other legatees certain sums specified by the will. For example, testator devises Blackacre to A on the condition that A pay to B $500. Simple as the plan may seem at first glance, it has given rise to several complex questions regarding the legal relationship between A and B. Is A personally liable to B? If there is a personal liability, is A obligated to pay $500 even though Blackacre may have so depreciated in value that …