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Home→Tags Will interpretation - Page 2 << 1 2

Tag Archives: Will interpretation

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Lifetime Gifts were not Advancements

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 →

Posted in Opinions | Tagged Advancements, Joint accounts, Will interpretation

Will Interpreted to Bequeath “Business Interest”

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 →

Posted in Opinions | Tagged Will interpretation

Gift of Proceeds of Real Estate not Adeemed; Partial Intestacy

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 →

Posted in Opinions | Tagged Ademption, Will interpretation

Meaning of “Farming” is Limited, and Estate is Terminated

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 →

Posted in Opinions | Tagged Will interpretation

Declaratory Judgment Interpreting Will

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 →

Posted in Opinions | Tagged Precatory language, Will interpretation

Executor Commissions Determined under Johnson Estate Schedule

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 →

Posted in Opinions | Tagged Executor Commission, Will interpretation

Extrinsic Evidence in Will Interpretation

Brother of decedent was bequeathed the “Maujer rifle”, which is a typographical error for Mauser rifle of which the decedent owned 10.  The Court held that the brother was entitled to all 10 Mauser rifles because of the wills ambiguity … Continue reading →

Posted in Opinions | Tagged Ambiguity, Dead man's rule, Hearsay, Will interpretation

Authority to Remove Corporate Trustee

Individual co-trustee had the power to remove and replace the corporate co-trustee even though the will gave that power to a different individual co-trustee “or any individual successor trustee” and the remaining individual co-trustee was one initially appointed, because a … Continue reading →

Posted in Opinions | Tagged Trustee removal, Will interpretation

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