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Full-Text Articles in Law
Recent Decisions (Trusts-Conflict Of Laws), Fernand N. Dutile
Recent Decisions (Trusts-Conflict Of Laws), Fernand N. Dutile
Journal Articles
Examining the Texas case Wilson v. Smith, 373 S.W. 2d 514 (Tex. Civ. App. 1963), which invalidated a testamentary trust. The trust provided for the establishment of a clinic-hospital which would apply the methods of nutrition, blood chemistry, radionics and other types of non-medical healing. The court addressed a conflict of laws issue and ultimately invalidated the trust on public policy grounds.
Surviving Spouse's Distributive Share Of Amendable Trusts, John A. Humbach
Surviving Spouse's Distributive Share Of Amendable Trusts, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Purcell v. Cleveland Trust Co., 200 N.E.2d 602, 28 Ohio Op. 2d 262 (P. Ct. 1964). Approximately three years before her death in 1960, plaintiff's wife created an amendable and revocable inter vivos trust, naming defendant as trustee. The formally drawn instrument provided for pour-over from her simultaneously executed will, however, a specific bequest to the trust was apparently never made. After his wife's death, plaintiff, choosing to exercise his statutory prerogative of taking against his wife's will: demanded that defendant trustee pay over to h i from the corpus of the inter vivos trust the one-half share which he …