Part 6 Interpretation of Wills

Presentation Transcript

Part 6 Interpretation of Wills

Admission 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

Fleming v. Morrison Is proof allowable that a will is a sham? Ought to the attorney have arranged the will?

No 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

Estate of Russell

Erickson v. Erickson What are the certainties of this case?

Should legal advisor be obligated in negligence for drafting an uncertain report?

Classification of Legacies General ($10,000 to A) Specific (Car to B) Demonstrative ($10,000 to A from record at Y Bank) Residuary

Void and Lapsed Bequests Void Bequests Lapsed general and particular inheritances Lapsed residuary endowments No deposit of a buildup Residue of a deposit lead

Anti-pass Statutes Reasons for: Effect of: Protected Person Substituted person(s)

Problems 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?

Allen v. Talley

Problems in the Book Page 444, Problem 1 Page 444, Problem 2

Jackson v. Schultz To my significant other Bessie, to her hers and her beneficiaries and allocates perpetually

Jackson v. Schultz To my significant other Bessie, to her beneficiaries and doles out everlastingly

Jackson v. Schultz To my significant other Bessie, to her beneficiaries and additionally appoints perpetually

Problem, 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?

Application to Class Gifts What is a class blessing Should statute apply to class blessing? How can it apply?

Dawson 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?

To 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

Ademption Application to particular endowments Identity Theory (1969 UPC) Wasserman v. Cohen Intent Theory (1990 UPC)

Avoidance of Ademption Classification of inheritance as non-particular Construe will at time of death Exceptions (conservator deals)

Problems Page 466, Problem 1

Satisfaction of Legacies Analogous to progression Applicable to general estates

Common law lead Statutory administer Which bodes well? Exemption of liens

Increases Stock parts Dividends paid in stock Dividends paid in real money

Abatement—Who Pays the Freight Charges Undisposed of property Residuary General Specific Demonstratives

Iowa 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