WILLS--CONSTRUCTION-TESTAMENTARY INTENT

Swenson, J. R.

Journal: Michigan Law Review

Volume: 45

First Page: 1069

Year: 1947

Bluebook Citation: 45 MICH. L. REV. 1069 (1947)

Author: J. R. Swenson: all 3 publications


Abstract

In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton v. Tucker, (Iowa, 1946) 23 N.W. (2d) 297.

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