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 following my death” were not ineffective by reason of a final decree of divorce (and … Continue reading
Tag Archives: Will interpretation
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
Decedent’s will contained only one bequest, to his brother of the “real estate interest” in the bar the decedent co-owned with his brother. Because the will had no residuary clause, the bar was in a leased property which the decedent … Continue reading
When will directed that real estate be sold and the proceeds divided among named beneficiaries, but contained no residuary clause, and agent sold real estate before death, proceeds of sale will be distributed to beneficiaries named in will and rest … Continue reading
Provision of will allowing decedent’s wife and daughters to operate “farms” on decedent’s property did not allow the executor to continue to administer the property forty-three years after the decedent’s death when only a part of the property was leased … Continue reading
Declaratory judgement entered interpreting handwritten will as granting petitioner a fee simple interest in decedent’s residence, and not a life estate, despite language regarding the sale and distribution of proceeds of sale in the event of petitioner’s death, which were … Continue reading
Executor commission reduced in accordance with the fee schedule in Johnson Estate, and charitable distributions approved to charities selected by the trustees. Haffner Estate, 5 Fid.Rep.3d 195 (O.C. Monroe 2015). … Continue reading