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Full-Text Articles in Law
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Vanderbilt Law Review
Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts. But in absence of any violation of public policy a testator is free …
Future Interests And Estates -- 1954 Tennessee Survey, Herman L. Trautman
Future Interests And Estates -- 1954 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Worthier Title--A Rule of Property: In Cochran v. Frierson' the Supreme Court affirmed the rule of Robinson v. Blankenship that the doctrine of worthier title is still a rule of absolute property law in Tennessee, and not a rule of construction. The Blankenship case is nationally recognized as representative of the early English doctrine which was abolished by statute in England in 1833. The doctrine has been modified by the majority of American courts which hold that it is a rule of construction.