The decedent’s handwritten will included the direction that his “salery [sic] from NTM INC. shell [sic] be paid directly to [decedent’s surviving spouse] for a period of two years or until such time that she remarries, which ever occurs first,” … Continue reading
Tag Archives: Will interpretation
The charitable bequest under the residuary clause being impossible to carry out, the Attorney General and all interested parties agreed that the clause was ineffective, so the residue of the estate would pass by intestacy. A disclaimer by one of … Continue reading
Direction in will that the decedent’s youngest daughter (to whom letters of administration were granted) should provide “shelter” at the decedent’s home for any other child “with no place to live” did not prevent the ejectment of a child who … Continue reading
The daughter of the decedent was not entitled to an intestate share of the residue of the estate, even though the will contained no residuary clause and the residue would pass by intestate succession, because the will included a gift … Continue reading
Testamentary gifts to step-grandchildren that were conditioned upon their grandmother (the decedent’s wife) not electing against his will and not recovering assets “in our divorce after my death” did not disinherit the step-grandchildren when a final decree of divorce (and … Continue reading
Testamentary gifts to step-grandchildren that were conditioned upon their grandmother (the decedent’s wife) not electing against the will and not recovering assets “in our divorce after my death” were ineffective by reason of a final decree of divorce (and equitable … Continue reading
Because the decedent’s will granted an option to purchase real estate at “the value as finally determined for Federal Estate Tax purposes,” the court ordered the executor to file a federal estate tax return even though the estate was too … Continue reading
A direction in a will that a beneficiary should have the right to receive the decedent’s residence as part of her one third share of the estate or purchase the house at fair market value did not give the beneficiary … Continue reading
Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, … Continue reading
When the will unambiguously left the testator’s estate to his four children in equal shares, it was error for the court to interpret the will to treat gifts made by the testator’s agent after the execution of the will as … Continue reading