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Estates and Trusts

1947

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Wills-Incorporation By Reference-Comparison With Secret Trusts And Acts Of Independent Significance, T. L. Tolan, Jr. S.Ed. Nov 1947

Wills-Incorporation By Reference-Comparison With Secret Trusts And Acts Of Independent Significance, T. L. Tolan, Jr. S.Ed.

Michigan Law Review

Legal doctrines have been developed to define the extent to which events outside the will itself may control the testamentary dispositions. Incorporation by reference, acts of independent significance, and secret trusts are related in their concern with testators' attempts to determine major parts of testamentary schemes by acts not written on the attested paper first presented for probate. The present discussion investigates the degree to which the courts adhere to the definitions of these doctrines and the traditional distinctions between them.