Wills, Estates and Trusts -- 1954 Tennessee Survey

Bowe, William J.

Journal: Vanderbilt Law Review

Volume: 7

First Page: 975

Year: 1954

Bluebook Citation: 7 VAND. L. REV. 975 (1954)

Author: William J. Bowe: all 21 publications


Abstract

Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts.

But in absence of any violation of public policy a testator is free to do what he will with his property.

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