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Full-Text Articles in Law
Wills--Construction-Testamentary Intent, J. R. Swenson
Wills--Construction-Testamentary Intent, J. R. Swenson
Michigan Law Review
In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton …
Charities-Statutory Restrictions On Testamentary Dispositions To Charity-Interpretation Of California Statute, Edwin F. Uhl
Charities-Statutory Restrictions On Testamentary Dispositions To Charity-Interpretation Of California Statute, Edwin F. Uhl
Michigan Law Review
Testatrix, domiciled in California, devised her residuary estate to the Eastern Star Lodge, expressly disinheriting her heirs. A further clause provided, "Any portion of my estate which shall be held to have been disposed of in violation of section 41 of the Probate Code shall be distributed to my friend, Eleanor Mott." Section 41 provides that charitable gifts made by a testator, survived by certain designated relatives, including nephews and nieces, "who, under the will, or the laws of succession, would otherwise have taken the property so bequeathed or devised," would be invalid unless executed at least thirty days prior …