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Perpetuities-Exercise Of General Testamentary Power Of Appointment Creating Perpetuity-Effect On Prior Gift Of Failure Of Gift Over
Michigan Law Review
A, by a will which created a trust of realty and personalty, gave B a life interest with a general power to appoint by will. B exercised this power in her will, appointing to her children for life with other remainders to B's grandchildren. Held, remainder to the grandchildren is void for remoteness, since the period allowed by the rule against perpetuities is calculated as though B's appointment were incorporated in A's will. Interests of B's children are uneffected by the failure of the gift to the grandchildren. Equitable Trust Co. v. Snader (Del. Ch. 1930) 151 Atl. 712.
Trusts-Stock Dividends-Apportionment Between Life Estate And Corpus
Trusts-Stock Dividends-Apportionment Between Life Estate And Corpus
Michigan Law Review
The will of the testator gave his widow a life estate in all his property. The estate contained, inter alia, shares of the capital stock of a corporation. After several years the corporation was dissolved, and a "dissolution dividend" was declared which distributed to each stockholder a pro rata share of the proceeds of the sale of all the assets of the corporation. The question in the case was whether any, and if so, how much, of this dividend was to go to the life tenant. It was shown that the earnings of the corporation had been paid out regularly …
Wills-Latent Ambiguity-Intention Of Testator
Wills-Latent Ambiguity-Intention Of Testator
Indiana Law Journal
No abstract provided.
The Rule In Lemayne V. Stanley, Philip Mechem
The Rule In Lemayne V. Stanley, Philip Mechem
Michigan Law Review
In the leading case of Lemayne v. Stanley the testator's will, written by his own hand, began: "In the name of God, Amen, I John Stanley make this my last will and testament * * *" and was otherwise unsigned. The court of common pleas held the will duly signed, "for being written by himself, and his name in the will, it is a sufficient signing within the statute which does not appoint where the will shall be signed, in the top, bottom or margin, and therefore a signing in any part is sufficient."