Part 6 Interpretation of Wills
Slide 2Admission of Extrinsic Evidence Mahoney v. Granger If will dialect not questionable, why prohibit outward proof Use of extraneous confirmation to clarify uncertain expression "beneficiaries at law" Is their a distinction amongst dormant and patent ambiguities? Do you concur with the "plain signifying" run the show? Could the will in light of the certainties of who was decedent's beneficiary be seen as questionable adequate to concede extraneous confirmation? Pg. 412, issue 2
Slide 3Fleming v. Morrison Is proof allowable that a will is a sham? Ought to the attorney have arranged the will?
Slide 4No Residue of a Residue Rule T gives property to An and B A predeceases T. Where does A's share go. Slip by statute No deposit of a buildup run The customary law Residue of Residue Rule
Slide 5Estate of Russell
Slide 6Erickson v. Erickson What are the certainties of this case?
Slide 7Should legal advisor be obligated in negligence for drafting an uncertain report?
Slide 8Classification of Legacies General ($10,000 to A) Specific (Car to B) Demonstrative ($10,000 to A from record at Y Bank) Residuary
Slide 9Void and Lapsed Bequests Void Bequests Lapsed general and particular inheritances Lapsed residuary endowments No deposit of a buildup Residue of a deposit lead
Slide 10Anti-pass Statutes Reasons for: Effect of: Protected Person Substituted person(s)
Slide 11Problems T wills property to A forever, then to B. An and B survive T. In any case, B bites the dust before A leaving issue who survive A. Is the blessing to B spared by the pass statute? Assume B had passed on before T with issue who survive T. Same result? Assume B had passed on before T with no issue who survive T. Same result?
Slide 12Allen v. Talley
Slide 13Problems in the Book Page 444, Problem 1 Page 444, Problem 2
Slide 14Jackson v. Schultz To my significant other Bessie, to her hers and her beneficiaries and allocates perpetually
Slide 15Jackson v. Schultz To my significant other Bessie, to her beneficiaries and doles out everlastingly
Slide 16Jackson v. Schultz To my significant other Bessie, to her beneficiaries and additionally appoints perpetually
Slide 17Problem, page 449, #2 Who takes if "no buildup of deposit administer applies." Who takes if "deposit of deposit control" applies Who might T likely have needed to take? In what manner may statutes be reconsidered to get to T's goal?
Slide 18Application to Class Gifts What is a class blessing Should statute apply to class blessing? How can it apply?
Slide 19Dawson v. Yucus What are the realities this case? Why may the arrangement of a blessing as a class blessing be applicable if a class part kicks the bucket before the deceased benefactor? What did the court hold? Do you concur?
Slide 20To my better half forever and upon her demise to my niece Elizabeth and the Emily 5. What do you think about Romer's thinking on page 457? Is this a sensible choice? In re Moss
Slide 21Ademption Application to particular endowments Identity Theory (1969 UPC) Wasserman v. Cohen Intent Theory (1990 UPC)
Slide 22Avoidance of Ademption Classification of inheritance as non-particular Construe will at time of death Exceptions (conservator deals)
Slide 23Problems Page 466, Problem 1
Slide 24Satisfaction of Legacies Analogous to progression Applicable to general estates
Slide 25Common law lead Statutory administer Which bodes well? Exemption of liens
Slide 26Increases Stock parts Dividends paid in stock Dividends paid in real money
Slide 27Abatement—Who Pays the Freight Charges Undisposed of property Residuary General Specific Demonstratives
Slide 28Iowa Abatement Statute 633.438 Undisposed of property Residue but to life partner Generals but to mate Specifics but to life partner Property going to life partner
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