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Testamentary Disposition To The Trustee Of An Inter Vivos Trust, George E. Palmer
Testamentary Disposition To The Trustee Of An Inter Vivos Trust, George E. Palmer
Michigan Law Review
The problem of this paper is narrow but important in connection with testamentary dispositions. A man establishes an inter vivos trust, in writing, and later attempts by will to add to the corpus of the trust without repeating in the will the terms of the trust. In some instances he thereafter amends the trust with the expectation that the property bequeathed to the trustee will be held in accordance with the amended terms. This is a simple and convenient method of disposing of property at death and most people probably would take for granted that the disposition is effective. Yet …
Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.
Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.
Michigan Law Review
An action for a declaratory judgment was brought by William C. Borah, Jr. against the Lincoln Hospital Association and William H. H. Moore. In July 1912, Robert E. Moore made a will bequeathing $10,000 each to his nieces, Gertrude and Julia Byerly. Gertrude had been married but her husband and only child died in 1908. Julia was married and had a son, the plaintiff. In June 1916, testator visited the nieces and the plaintiff and in December 1916, he added a codicil to his will reducing the bequests to the nieces to life estates with remainder to "the child of …
Wills-Construction-Meaning Of Word 'Widow" When Used By Testator, Walter L. Dean S. Ed.
Wills-Construction-Meaning Of Word 'Widow" When Used By Testator, Walter L. Dean S. Ed.
Michigan Law Review
Testatrix set up a testamentary trust which was to continue "until the death of the last survivor of such of my children, grandchildren and any widow of my son, surviving him as shall be living at my decease." Upon the death of any child the trustee was directed to pay to "the husband or widow" of such child a part of the principal or an annuity from the income of the trust. Testatrix' son remarried after her death and on his death the trustee brought this action to determine whether the second wife who was living at testatrix' death, was …
Descent And Distribution--The 'Worthier Title" Doctrine In Iowa--A Limitation Established, Lewis R. Williams, Jr. S.Ed.
Descent And Distribution--The 'Worthier Title" Doctrine In Iowa--A Limitation Established, Lewis R. Williams, Jr. S.Ed.
Michigan Law Review
Testator left his entire estate of less than $7,500 to his wife who had predeceased him. Defendants claimed the estate through operation of the anti-lapse statute, as heirs of the wife. As the distribution statute gave the widow of an intestate the first $7,500 of the estate, plaintiffs, heirs at law of the testator, claimed title on a basis of the "worthier title" doctrine, arguing that the widow, had she lived, would have taken by descent and not by purchase, and therefore the anti-lapse statute did not apply. On appeal from a denial of defendants' motion to transfer the proceeding …
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Michigan Law Review
Testator had properly executed his will in all respects except that following his and witnesses' signatures there appeared a clause appointing executors. New York statute law provided that to be valid a will must be signed at the end by the testator. Surrogate Court had denied probate. On appeal, held, affirmed. The statute was not complied with, for the end of a will is not found until the last word of all the provisions is reached. In re Winter's Will, 98 N.Y.S. (2d) 312 (1950).
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Michigan Law Review
Testator had properly executed his will in all respects except that following his and witnesses' signatures there appeared a clause appointing executors. New York statute law provided that to be valid a will must be signed at the end by the testator. Surrogate Court had denied probate. On appeal, held, affirmed. The statute was not complied with, for the end of a will is not found until the last word of all the provisions is reached. In re Winter's Will, 98 N.Y.S. (2d) 312 (1950).