The Case Of Philo Riggs Vs. Elmer E. Palmer

The Case Of Philo Riggs Vs. Elmer E. Palmer
In this paper, I will consider the case of Philo Riggs vs Elmer E. Palmer in The Court of Appeals of
New York in 1889. In this suit, Mr. Palmer's grandfather and Mrs. Riggs' father created a will where
he bequeathed his wealth upon his death. Most of his wealth he left to Mr. Palmer and the rest he left
to Mrs. Riggs' and her sister, Mrs. Preston. At the time the case was brought to court, Palmer was in
prison for murdering his grandfather. As a result of his actions, Mrs. Riggs and Mrs. Preston brought
this case to court in order to annul the portions of the will that favored Mr. Palmer. I will be
reviewing the arguments of the arguments of the dissenting judge, Judge Gray and the majority
judge, Judge Earl and the merits behind their ... Show more content on Helpwriting.net ...
He was already tried for murder and was punished sufficiently. Even, if you were to use the
argument that there was some intention from Francis Palmer to change his will so Elmer wouldn't
get what was promised in the current will, that intention is not enough without action to back it up
and change the will. The laws of the state describing how a will may be altered state that "Mere
intention to revoke a will does not have the effect of revocation. The intention to revoke is necessary
to constitute the effective revocation of a will; But it must be demonstrated by one of the acts
contemplated by the statute." Judge Gray's reasoning follows closely with Legal Positivism, which
includes the following two principles; 1) a legal system is a closed logical system where legal
decisions are logically deduced from predetermined legal rules, and 2) moral judgments cannot be
defended in the same way that facts can be defended by rational argument, evidence or proof. As we
can see, Gray does not concern himself with morals if they cannot be logically justified. He believes
the legal decisions of this case should be one based off the laws that are written, not based on
whether we have moral qualms about giving property to a man who murdered his grandfather to
obtain that property. Unless there can be a logical reason for not giving him what he deserved even
after he was properly punished, then according to legal positivism Mr. Palmer should get what was
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Explanation of Secret Trusts: Where they Arise and How...
Secret trusts arise where a testator explains to X that they want property to be held on trust for Y and
then leaves the property to X in their Will. It is also possible that a secret trust arises where in
reliance on a promise to implement the trust by X, no Will is made (Strickland v Aldridge 1804 9
Ves 516 REF1). The onus of proving a secret trust is on the person claiming that it exists, on the
balance of probabilities – the 'ordinary civil standard of proof' (Re Snowden 1979 3 All ER 172
REF2). There are three elements necessary for a secret trust (Ottaway v Norman (1971) 3 All ER
1325 REF3). Intention The Testator must intend that the property be used in accordance with a
direction. This must be intended as a binding obligation on ... Show more content on
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Pearce and Stevens argue that the trust is 'incompletely constituted' until the death of the testator.
The agreement and acceptance to hold the property on trust take place inter vivos but the trust
comes into effect when on death, the Will transfers legal title to the trustee (Pearce & Stevens,
Reading 14, REF15). Whilst this is a strong argument, the formalities requiring half secret trusts to
be communicated and accepted prior to the execution of the Will so as not to ignore the Wills Act,
seems inconsistent with the view that secret trusts operate outside the provisions of the Wills Act
entirely. Are secret trusts necessary to prevent fraud? The allowance of secret trusts avoiding the
requirements of the Wills Act is said to be made to prevent fraud. A trustee agrees to hold property
on trust and a gift is made to him on that basis (Re Boyes, REF5). To plead absence of the Wills Act
formalities as a defence and thus claim the gift is outright, would be to use statute as an instrument
of fraud, and would be against the equitable maxim. Maudsley disagrees, pointing out that with a
half secret trust, fraud is rarely an issue as the trust is apparent from the Will and there is no
possibility that the legatee can keep the Property (although the intended beneficiary may not get it
where terms are not clear) – (Maudsley, pg. 116 REF 16). Where the terms of the trust have not been
communicated properly but the

Getting Published For The First Time Is Not An Endeavor
Getting published for the first time is not an endeavor for the faint of heart. Manuscripts must be in
professional form and timed just right when reaching the decision–maker 's desk. But, one publisher
has made an industry of printing books written by women, for women. Seal Press, a subsidiary of
Perseus Books, deals with a wide range of women 's issues, written by those who lived it and know.
There are no stern restrictions with topics, but they distribute such categories as feminine studies,
parenting, food, fiction, dating, career and business, home buying, humor, self help, sports , poetry,
African American studies, and more. If you have something to say that will benefit a woman 's life,
Seal Press is interested in you. As an ... Show more content on Helpwriting.net ...
In addition to domestic distribution, Seal Press also sells from Amazon.com in Canada, France,
Germany, Japan, and the United Kingdom. Women 's issues about life, emotion, and relationships
are a universal internal process. While some specific cultural situations are tied to certain geographic
areas, the inner most thoughts and emotions of women remains the same. Issues to European women
and beyond are just as sharp and biting as to Americans. Seal Press has captured that market that
women demand, and if you have a story to tell, they want to hear from you. www.sealpress.com
www.perseusbooksgroup.com Making a will is a part of life that many people do not want to think
about. It can be difficult to actually sit down and think about your death, and what you would like to
take place after you are gone, but it is very important and many people do not know the reasons why
should they make a will. Having a will provides your loved ones with several advantages. If an
individual dies without a will his estate will be distributed as prescribed by law. If a valid will is left,
the property goes accordance with the provisions of the will. I am sure no one would want their
property to be handled by law. Therefore, a will should be made while you are in sound mind so
your estate can be distributed as you wish. Another advantage is in the cost and time for settling the
estate may be reduced. Other advantages are: one can name an executor, a guardian designated

White V Jones Case Study
Abstract:
The case of White v Jones [1995] is a famous case in the English tort law which concerns the
liability of solicitors to the beneficiaries of the will with whom they have no contractual relationship
if they performed their work negligently. This case raises the questions of professional negligence,
the third party beneficiary (relationship) and the duty of care. In the case of White v Jones the Court
of Appel followed the statement of Vice–Chancellor Megarry in Ross v Caunters [1980] : "In
considering the liability question, it is of the utmost importance to keep in mind that if there is no
liability, the result is striking: the only person who has a valid claim against the solicitor has suffered
no loss, and the only person ... Show more content on Helpwriting.net ...
Another significant part of the process of the decision in the case of White v Jones is the case of
Robertson v Fleming [1861] . Sir Donald Nicholls V.–C. expressed his disagreement with the
decision in Robertson v Fleming [1861] which was that in the absence of a contract between a
solicitor and a third party, the solicitor was not liable to the intended beneficiary. Lord Campbell L.C
stated his opinion on this decision:
"If this were law a disappointed legatee might sue the solicitor employed by a testator to make a will
in favour of a stranger, whom the solicitor never saw or before heard of, if the will were void for not
being properly signed and attested. I am clearly of opinion that this is not the law of Scotland, nor of
England, and it can hardly be the law of any country where jurisprudence has been cultivated as a
science."
The House of Lords in White v Jones [1995] held that the law had moved on from the time of the
case of Robertson v Fleming [1861] and that the court was free to depart/ stray from the views
expressed in

Brown's Estate Case
In 2008, the South Carolina attorney general entered a settlement with Brown's family. He redirected
a quarter of Brown's assets to his children and grandchildren and a quarter to his ex–wife, who had
been disinherited from his will. In 2013, the South Carolina Supreme Court threw out this
settlement, citing the fact that the attorney general had distorted Brown's intent when he became
involved in the administration of Brown's estate. It is certainly unheard of for an attorney general to
redirect assets that a testator had left to someone else. Usually, the redirection of funds occurs when,
for example, a minor child is disinherited from a will and the courts are attempt to avoid the need for
the child to become dependent upon the state. Others who have come forward to claim their share of
Brown's estate include individuals who claim to be his children, three of which have been proven to
be so through DNA testing, ... Show more content on Helpwriting.net ...
This is due to the fact that "distribution may be withheld pending resolution of a lawsuit against the
estate, or where there is a contest over beneficiaries' rights under the will." For Brown's estate, it
does not appear that anyone will be receiving what was left to them any time soon, especially when
considering the fact that the litigation over how his estate should be distributed continues to this day.
Jerry Garcia, who was the guitarist in the band the Grateful Dead, died unexpectedly in 1995 from a
heart attack while he was living in a residential drug treatment center. Similarly to the estates of J.
Howard Marshall, Michael Jackson, and James Brown, a court battle began shortly after his death
over his $9.9 million estate. Everyone from his ex–wife, to his wife at the time of his death, to his
bandmates, and finally to his daughter began legal battles over what they claimed to belong to

The Law And Its Effect On Family Provision
In the legal context, the ability to leave property to any person you desire upon death is called
testamentary freedom. The concept of testamentary freedom is perhaps the reason why many people
contemplate death and attempt to ensure that they meet all the formalities in executing a valid will.
It is important to note that testamentary freedom is not a notion that is absolute. Family members of
the individual who feel they have an entitlement under the will can bring a claim for contesting a
will against the estate. These family provision claims are becoming more common in our society
and are arguably undermining the testator's use of their free will. The courts have implemented the
use of mediation as a strategy to assist them in processing these applications. This effective and
inexpensive mechanism is a compulsory step in some states before approaching the courts while in
other states mediation is highly recommended but not compulsory. Through critical analysis of the
law and its effect on family provision claims, it will be depicted that testamentary freedom as a legal
right is adversely affected by compulsory mediation.
MEDIATION IN AUSTRALIA
Queensland
In Queensland, the legislation does not stipulate that mediation is compulsory in family provision
claims but it is imposed by virtue of the District Court's practice notes. This practice note states that
a draft order to the court must comprise of a 'dispute resolution plan'. The rationale behind this note
is to

Intestacy Notes
Topic: Introduction to the law of intestacy.
Students must be able to:
|LOS 1 |describe the evolution of the rules of intestacy. |
|LOS 2 |distinguish between total intestacy and partial intestacy. |
|LOS 3 |understand essential terms used in the law relating to testacy and intestacy. |
LOS 1
Distriution of Real Property before 1926 Rules of inheritance dictated that real property (realty)
passed to the heir–at–law who was the eldest son. If there were no surviving sons or their issue,
realty devolved equally on the daughters of the intestate. The ... Show more content on
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|legatee predeceased the testator. |
| |causing the gift to fail |
|Deceased made a will but it was revoked. |Residuary gift has been revoked. |
|Deceased made a will which attempted but wholly failed|Residuary gift failed for uncertainty or
because the |
|to dispose of his property. |beneficiary witnessed the will. |
|Deceased made a will which containd no disposition of |Residuary gift lapsed under s. 18A of the
Wills Act. |
|his property: Re Skeats [1936]. | |
| |Residuary gift was subject to forfeiture. |
Quick Answer Question
D died leaving a will which did not deal with his residuary estate. He left a wife W and 2 sons S and
P. Advise as to the distribution of D's estate.
LOS 3
The surviving spouse A wife or husband who survives the other. Does not include a legally
separated or divorce person.

Issue Issue comprise the lineal descendants, male or female, of the intestate

Secret Trusts
Another argument against the principle of fraud theory is that it is unconstitutional because the
courts are out rightly undermining the WA 1837 thereby challenging the doctrine of parliamentary
sovereignty but this argument has since been countered with the maxim that equity will not allow
statute created for the prevention of fraud to be used to perpetrate fraud, that it was not the intention
of parliament to deny a person property that is rightly meant for them 'simply' because of formality
requirements.
THE DEHORS THE WILL OR INDEPENDENT THEORY
According to Hudson this theory is the most widely accepted justification on why secret trusts are
enforced despites their non–conformity with formality requirements, this rationale is premised ...
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The remaining cases contain examples of secret trusts created for a multitude of reasons; for
example, there are cases where the testator was persuaded to create the secret trust by a deceitful
secret trustee, cases where the testator wanted to change his will at a very late stage and it appeared
easier to create a secret trust than to amend the will, cases where the secret trust arose as a result of a
poorly drafted will, cases where the secret trust was created in an apparent attempt to avoid tax
liability, cases where the secret trust was created as a result of legal advice and cases where the
secret trust arose out of the testator's indecisiveness. It is clear that the doctrine was not developed to
allow testators to provide secretly for illegitimate families, or indeed for reasons involving the
Mortmain Acts. The obvious conclusion to draw is that any failure to perform a secret trust is a
fraud, regardless of why the secret trust was created.
CONCLUSION
From a wide range of available case law it can be safety suggested that secret trusts are enforced on
the basis of fraud prevention but the courts remain concerned as to the possible uncertainty and
confusion that could be created by upholding a doctrine that completely undermines all forms of
formalities.
Conclusively, it is also submitted

Cases on Wills and Testaments
WHAT IS THE IRON BAR RULE? In legal succession, there is absolute separation between
legitimate family and illegitimate family. ARTICLE 992. An illegitimate child has no right to inherit
ab intestato from the legitmate children and relatives of his father or mother; nor shall such children
or relatives inherit in the same manner from the illegitimate child. Illustration
A
BD
C
E F
G H I J Under Art. 992, I and J cannot represent F Under Art. 990, G and H can represent E Hence,
an illegitimate can be represented by his children. Legitimate or illegitimate, but a legitimate child
cannot be represented by his illegitimate children E cannot inherit from B and A D cannot inherit
from C and vice–versa ( ... Show more content on Helpwriting.net ...
HELD: We cannot subscribe to eh appellate court's ruling excluding Emilio III in the administration
of the decedent's undivided estate. Mistakenly, the CA glosses over several undisputed facts and
circumstances:
The underlying philosophy of our law on intestate succession is to give preference to the wishes and
presumed will of the decedent, absent a valid and effective will; The basis for Art. 992 of the Civil
Code, referred to as the iron curtain bar rule is quite the opposite scenario in the facts obtaining
herein for the actual relationship between Federico and Cristina on one hand, and Emilio III, on the
other, was akin to the normal relationship of legitimate relatives. Emilio III was reared from infancy
by decedent, Cristina, and her husband Federico, who both acknowledged him as their grandchild;
Federico claimed half of the properties included in the estate of the decedent, Cristina, as forming
part of their conjugal partnership and gains during the subsistence of their marriage; Cristina's
properties forming part of her estate are still commingled with that of her husband Federico, because
her share in the conjugal partnership, albeit terminated upon her death, remains undetermined and
unliquidated; and Emilio III is a legally adopted child of Federico, entitled to share in the
distribution of the latter's estate as a direct heir, on degree

Estate Planning for the Elderly Essay
Title: Estate Planning For the Elderly Course: TAX 6405–Gift, Estate, and Trust Taxation Table of
Contents * Introduction * Power of attorney * Trusts * Wills * Joint ownership of assets * Lifetime
gifts * Long term care insurance * Conclusion Introduction You may have heard a phrase like, "70 is
the new 50." There are large numbers of seniors living into their 80s and 90s. Estate taxation and
planning has become a bigger concern, especially for baby boomers. There is a wide range of laws
regarding the elderly and disabled. The law of the elderly and disabled has become more complex in
recent years. Lawyers and financial planners who specialize in elder law assist with matters
affecting the autonomy ... Show more content on Helpwriting.net ...
A Health Care Power of Attorney should not be confused with a living will, even though both are
considered "Advance Health Care Directives". This is because instructions are given on what shall
happen in the event that the person becomes unable to make future health care decisions on his/her
own. A Living Will only allows the person to express his/her wishes concerning life–sustaining
procedures. Health Care Power of Attorney becomes effective only when one does not have the
capacity to give or withdraw informed consent regarding one's health care. General, special or health
care power of attorney that contains special durability provisions is a "durable" power of attorney.
For example, if a person becomes mentally incompetent while already having a valid power of
attorney document, a durability provision will allow this document to stay in effect. Such a
document can be signed to prepare for the possibility of a client becoming mentally incompetent due
to illness or an accident. In this scenario, the power of attorney would not go into effect unless a
doctor certifies that the person is mentally incapacitated. It is important to select someone of trust to
be an agent. The durable power of attorney ends upon the death of the principal. In some states, if a
spouse is the attorney–in–fact, a divorce will automatically terminate the durable power of attorney.
In most cases,

White V Jones Case
Abstract:
The case of White v Jones [1995] is a famous case in the English tort law which concerns the
liability of solicitors to the beneficiaries of the will with whom they have no contractual relationship
if they performed their work negligently. This case raises the questions of professional negligence,
the third party beneficiary (relationship) and the duty of care. In the case of White v Jones the Court
of Appel followed the statement of Vice–Chancellor Megarry in Ross v Caunters [1980] : "In
considering the liability question, it is of the utmost importance to keep in mind that if there is no
liability, the result is striking: the only person who has a valid claim against the solicitor has suffered
no loss, and the only person ... Show more content on Helpwriting.net ...
Who, then, in law, is my neighbour? The answer seems to be – persons who are so closely and
directly affected by my act that I ought reasonably to have them in contemplation as being so
affected when I am directing my mind to the acts or omissions which are called in question."
The principles in Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] and Donoghue v
Stevenson [1932] was confirmed in White v Jones [1995] .
The significance of the case of Caparo Industries Plc v Dickman [1990] lies in the Caparo test which
is stated by Lord Bridge:
"What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any
situation giving rise to a duty of care are that there should exist between the party owing the duty
and the party to whom it is owed a relationship characterised by the law as one of "proximity" or
"neighbourhood" and that the situation should be one in which the court considers it fair, just and
reasonable that the law should impose a duty of a given scope upon the one party for the benefit of
the

Testamentary Trust Research Paper
There is a testamentary trust which is a trust which arrises at the death of a testator and is something
which is stated in ones will. The testamentary trust can contain all of the elements or just a portion
of the elements of ones estate. There is also a living trust which is an agreement where the trustee
holds the funds or assets that belong to another person that were created while they were alive.
There are revocable trusts which can be rescinded, altered, changed, or revoked entireley; property
can be transfered to where the assets are not transferred to probate. In an irrevokable trust, the trust
can not be modified or revoked once it has been created. No one can take the property out of the
trust. You have what is called a spendthrift

Express Trust
Determining the certainty of intention, subject and object of express trust
You write into your will, "I bequeath my assets to my son, John, and if John is under the age of 25, I
direct that his inheritance shall be administered by my trustee until he attains the age of 25" These
words likely constitutes an intention to create an express trust. You leave $3000 with your sister
telling her; "I hope you used this money for the sole purpose of paying for my mother's care." Have
you just created a trust or requested merely a moral obligation? Again, you are not a gambler, but
went out on a shopping trip you noticed that a horse called "Equity" was running in the "Grand
National" and you couldn't resist placing $50 on it to win. In the event the horse came in at 100–1
and you returned home to your family with $5000 and a broad smile. When your wife demanded,
"did you bought Jimmy's birthday present, then you replied " I've ... Show more content on
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When the interests are not clearly delineated the trust fails and the trustee will hold a resulting trust
in the testator's estate. In Gomez et al v Gomez et al the testator bequeathed residue of real and
personal estate to Margaret, Joyce and Yvonne in equal shares. Yvonne predeceased testator. The
court held that by listing the name of the beneficiaries, the share of Yvonne as to residue of realty
and personalty lapsed and passed on intestacy. Compare Gomez v Gomez to Boyce v Boyce where
the testator devised two houses to Maria and Charlotte, with Maria predeceasing the testator. It was
held by the court in that case that Charlotte had no beneficial interest in uncertainty of the interest
each was to take. There was in this case a resulting trust in the testator estate. Gomez v Gomez
raised some doubt about the Boyce ratio, as the court seemed to prioritize a reasonability test over
necessity test for a clear declaration and certainty of subject

Wills Law Essay
Wills Problem: The Estate of Jackie Kennedy Onassis
1. The overall testamentary plan seems to be that Jackie Kennedy Onassis' (testator) estate was
allocated proportionately to those people she deemed to be the closest to her. Thus, the further away
from Jackie via bloodline, the less the person inherited and the less personal the gifts seemed to be.
The majority of her real and personal property was left to her children, while friends and other
relatives received legacy gifts. Some of the gifts to her friends were very specific (as in question 3),
so it is likely that there was some sort of sentimental value between Jackie, the devisee, and the
property in question. Whole–blooded relatives received a larger portion than her ... Show more
content on Helpwriting.net ...
The modern Stage 3 rule, UPC § 2–603, saves devisees to three basic groups: grandparents,
descendants of grandparents, and stepchildren. This UPC Stage 3 rule does not apply to non–
relatives whatsoever. Jackie Kennedy Onassis left gifts to Mellon, Tempelsman, and Forger, but she
listed them in her will as "friends". Because they predeceased the testator and no alternative
beneficiaries were stated for their gifts, one must look to see if there is an applicable Stage 2 anti–
lapse statute. Under both Stage 2 and Stage 3 majority rules, anti–lapse statutes do not protect
"friends"; therefore the gifts would fail. It is possible that First D could be construed as naming
Jackie's children as alternate beneficiaries if First A, B, & C failed, so the testator's surviving
children would take these gifts.
3. Jackie Kennedy Onassis left Maurice Tempelsman in FIRST B, a Greek alabaster head of a
woman. If at the time of her death she no longer owned this Greek alabaster head, would Mr.
Tempelsman receive a Roman alabaster head of a woman that was purchased by the testator after the
making of the will? Under the Stage 2(a) rule, where a testamentary gift of specific real or personal
property no longer exists as part of the Testator's estate at the moment of his death because of its
prior consumption, loss, destruction, substantial change, sale or other alienation subsequent to the
execution of the

Evaluating Estate Planning
Planning out your estate is not a one–time event; whenever you or your family goes through an
important life change, your estate planning documents should be updated to reflect your wishes.
Because so much can happen over the course of a year, it is helpful to choose a date that you can
remember and review your estate documents on an annual basis. If your family has undergone any
of the following changes, make sure to speak with your estate planning attorney about updating your
will.
Remarriages and Divorces
Families change all the time. For that reason, new marriages and divorces are one of the most
common reasons to update a will or other estate planning documents. These documents should be
changed not only whenever the person making the ... Show more content on Helpwriting.net ...
Whenever there is a change in a person's finances, his or her estate plan should be updated to reflect
the difference. This is true if the change is positive, like winning a large sum of money, or negative,
like dealing with a lengthy illness. By updating your will to reflect your current financial state, you
will have a better idea of your ability to provide for your family after your death.
Other Changes
It is important to remember that a will or an estate plan is a living document which is meant to
change as your life changes, and there are numerous circumstances which would justify changing or
updating a will. For example, if the testator moves out of state, or has a change of heart about a
certain gift, the will should be updated to reflect that. Or, an unexpected development may require
the testator to completely restructure the estate. For instance, a child born with special needs or a
disability could justify the creation of a special needs trust meant to provide a lifetime of care.
No matter what the reason, at Novy & Associates our experienced New Jersey estate planning
attorneys can help protect your estate and guard your legacy. We can help you plan for your family's
future, and will work with you to update your estate planning documents as

Re Astor's Settlement Case Summary
The essence of a trust lies in the principle that a settlor appoints a trustee, who then holds onto a
property for a beneficiary. The trustee has power of the property but also duties to perform as a part
of their role. The beneficiary is the ultimate owner and has all the associated rights to the property.
The beneficiary principle states that in every non charitable trust there must be ascertainable
beneficiaries. This means that there must be an actual human to which the court can decide in favour
of. This rests on two propositions, firstly, a trust that cannot be enforced must fail. This view is
widely accepted. The second view is that only beneficiaries can enforce trusts and this view is less
accepted, as it is believed that beneficiaries ... Show more content on Helpwriting.net ...
The rule is that one must be able to determine that before the end of the perpetuity period, that the
trust will definitely come to an end. The perpetuity period defined as the age of the life in question,
plus 21 years. However, the problem with private purpose trusts is that they often don't have an
ascertainable beneficiary, and so where this is the case, the court will define it as the twenty–one
years. The perpetuity principle can be problematic in that where there is no named beneficiary, or
where the trust is for the purpose of maintaining monuments as in the case of Re Hooper. However,
in Re Hooper, the settlor had stated that the trustees were to carry out the purpose 'as far as was
legally possible' and this was found to be 'saving words,' meaning that the trust was upheld and in
line with the perpetuity principle. However, in the absence of such saving words, all trusts will fail.
In Musset.v.Bingle there was no perpetuity period stated for the upkeep of the monument and it
failed on that part, but was upheld on the actual erection of the monument, as it was assumed that
the monument would be completed within 21

Julius Orsini Death Essay
Julius Orsini died on January 27, 2010. He lived most of his adult life with his sister, Laura
Impressa. Laura and Julius lived next door to their brother, Robert Orsini, for over forty years. Their
sister, Diane, lived on the other side of Robert. Julius and Robert were very close and visited each
other daily. Robert handled Julius's financial and business matters.
On May 25, 2006, Laura and Julius executed identical wills leaving their estates to each other and
then to their relatives. These wills were very specific about the percentages of bequests to each
branch of the family. Each will also provided for a bequest to Julius's friend Gene Rosato. Laura
Impressa died in September 2008, leaving her entire estate to Julius.
The testimony indicates that, after Laura's death, Robert [*12] Orsini began to tell other family
members that he felt the 2006 Will was unfair to his family. Robert made comments to family
members about changing the 2006 Will, saying such things as "I have him right where I want him,"
and "there wasn't a will that couldn't be broken." Robert Orsini, however, testified that he never
brought the 2006 Will up to Julius. There was also testimony that Julius expressed frustration with
the family's interest in his 2006 Will, stating to his niece that he "was tired of everyone talking about
the will."
On ... Show more content on Helpwriting.net ...
The Court considered the four elements of undue influence and found, based on the evidence and
testimony presented, that Robert unduly influenced his brother, Julius during the creation of the
2009 Will. The Court set aside the 2009 Will.To prove undue influence, Robert's actions and words
must be shown to have induced Julius to act contrary to his wishes and dispose of his estate
differently than he would have if left to his own

Hawkins V Clayton Case Summary Essay
Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia
Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F.C. 88/012 Medium
Neutral Citation: [1988] HCA 15 Hearing Date(s): 1987, May 13 1988, April 8 Decision Date: 20
June 2011 Jurisdiction: High Court of Australia Before: C.J Mason J. Wilson J. Brennan J. Deane J.
Gaudron Catchwords: Negligence – Duty of care – Solicitor – Will held by solicitor – Failure to
inform executor of death of testator and of contents – Whether duty to do so – Loss to estate caused
by executor's ignorance of death – Measure of damages. Limitation of Actions – Tort – Accrual of
cause of action – ... Show more content on Helpwriting.net ...
Smith (1808) 10 East 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty
(1916) 1 AC 603, at pp 608–609 Ryan v. Davies Bros. Ltd. [1921] HCA 53; (1921) 29 CLR 527, at
p 536) Pinchon's Case [1572] EngR 289; (1611) 9 CoRep 86b, at p 88b [1572] EngR 289; (77 ER
859, at p 863) Texts Cited: Sir James Stephen, A History of the Criminal Law of England (1883)
Parties: Representation – Counsel: File number(s): DECISION The case of Hawkins V Clayton was
the result of a breach of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the
estate, Mr Hawkins. The solicitors were in custody of Mrs Brasier's will and seemingly were not
aware of the testators death for some time as they had written letters to her regarding her will in
September 1978 and August 1979 with no response. After the commencement of the action taken up
by Mr Hawkins, he had passed and his widow and executor continued the action as she had become
Mrs Brasier's executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a
"tenant" in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had
had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that
Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not confirmed
it once the will was written.

Judge Gray's Argumentative Essay
To support his claims, Judge Gray cites two court cases: Gains v. Gains (1820) and Leaycraft v.
Simmons (1854). The first case states that testator intention was to destroy the will, but was
prevented from doing so. However, the testator's intention could not be substituted as revocation,
making the will still valid. The second case involves a testator who wanted to alter his will to grant
more gifts to the benefactor. But, the testator's son refused to give back the will for alteration. It was
decided that the will sustains its integrity since it was not altered or revoked. These cases provide
convincing proof for the dissent judge's arguments that since the will was not revoked, the court
should grant Elmer his inheritance. On the contrary,

The Pros And Cons Of Secret Trust
One of the former most popular beliefs in regards to the fraud theory was that it needed to involve
personal gain. This definition is hard to advocate due to the fact that personal gain is a problematic
intention to prov in regards to secret trust. Half secret trust specifically. However fraud can
constitute more than just personal gain. In Reech v Kennegal the trustee claimed that by breaching
the promise he made to the testator he did not commit fraud. Even though he did not follow through
on the agreements to fulfil the promise to the testator and the third party it was not fraud. It was held
that breaking the promise and not fulfilling the task can constitute to fraud as well, even if the
person failing to do so did not gain anything himself. ... Show more content on Helpwriting.net ...
In one circumstance it neglects to only allow reliable evidence. In its oblique way it allows
unreliable evidence. It could also be called circular because if it process to justify a secret trust. It
works better with a fully secret trust rather than a half secret trust because it barely justifies the
enforcement of a half secret trust. The Fraud theory is the first justification aspect of secret trusts. It
was based on the resemblance with a secret trust and the statutory provisions contained in the
Statute of Fraud 1677 preventing a legatee who accepted being a trustee, but then relied on the
provision to take the full benefit. This would in case be seen as fraud. The predicament that occurs is
the one of question why the courts should even allow the admittance of unreliable evidence. It is
questionable whether the courts should in the case just assume that the legatee has the right to the
full benefit they are supposed to hold trust in regards to a fully secret trust and in the case of a half
secret trust the courts could assume that a testamentary trust fails to be upheld given the fact that in
a half secret trust the object of the trust is kept a secret and therefor it fails. Hence it becomes an
resulting trust in favour of the testators estate rather than who it was initially intended to be in
favour for. Therefor in order to justify secret trust the fraud theory is used in certain

Outline in Jurisprudence
NOTES TO NURSING JURISPRUDENCE Preponderance of evidence – Required only in civil
cases – Not the same as proof beyond reasonable doubt which is required for criminal cases –
Evidence which is more convincing to the court as worthy of belief than that offered in opposition
thereto Beyond reasonable doubt – Required in criminal cases – Innocent until proven guilty –
Evidence which produces conviction in an unprejudiced mind – Does not mean such degree of proof
as excluding the possibility of error, produces absolute certainty. – Rather, moral certainty is only
required Administrative cases – Mere substantial evidence Doctrine of res ipsa loquitur – Latin: The
thing or the ... Show more content on Helpwriting.net ...
Any person committing a felony ( delito) although the wrongful act done be different from that
which he intended and b. Any person performing an act which would be an offense against person or
property Were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means Error in personae ( mistake in the identity of the
victim) – Two officers were ordered to arrest A, an escaped notorious convict and proceeding to the
house of A, they saw a man sleeping with his back towards the door Then they fired at him Turned
out to be B and not A Still they are guilty of murder Killing of a sleeping man without making an
inquiry is a felony – Mistake in the identity Abberatio ictus – Mistake in the blow – X wanted to hit
A but instead hit B superficially and killed F, his father. X is still criminally liable for attempted
homicide with parricide ( father of X) Praeter intentionem – Injurious result is greater than that
intended – A slapped B and B fell on the ground and died. A is liable for the death of B even if it
was mere slapping. The wrong done must be direct and natural consequence of the felonious act –
Proximate cause That which

Secret Trust Essay
Greg Allan justified the doctrine of secret trusts through analysis of the case law that, secret trusts
are enforced in defiance of the statutory formality requirements for testamentary dispositions. He
argued that "equity will not allow s. 9 of the WA 1837, a statute enacted by Parliament to prevent
fraud, to be used to perpetrate fraud."1 He provided us with case law to support the idea that "any
failure by the secret trustee to perform the secret trust amounts to a fraud on the testator" who are
deemed to rely on the secret trustee's promise when deciding his testamentary dispositions."[]1
Two legal theories are considered in his analysis. He used the fraud theory to explain why secret
trusts are enforced while the dehors the will theory gives us a justification that why this is done
based on the idea that Will Act 1837 is immaterial to the enforcement of secret trusts. He also put
forward that the fraud theory and the dehors the will theory are "inexorably linked". []1 He finally
concluded that case law authorities can be reconciled with each other so that a coherent justification
for the doctrine of secret trusts can be obtained. []1
In this research paper, I will critically analyse the validity of his conclusion by focusing on the
above ... Show more content on Helpwriting.net ...
[]7 However, secret trust is an exception to section 9 even though it does not satisfy the formality
requirement. Here, equity accepts their validity in the common law and the court is willing to uphold
the secret trust in preventing the statue being used as a tool of fraud. []7 Such justification has been
debated. In order for this to be accepted by courts, we need a reason for such exception to be
justified.
The two significant justifications for the operation of secret trusts, the fraud theory and the dehors
the will theory, have been addressed by Greg

Last Will
LAST WILL AND TESTAMENT
OF
EDUARDO D. HERNANDEZ
I, EDUARDO D. HERNANDEZ, residing in Portales, New Mexico, do hereby make and declare
this to be my Last Will and Testament, hereby revoking any and all former Wills and
Codicils by me at any time heretofore made.
ARTICLE I
This will is made in New Mexico and shall be governed and administered according to New Mexico
law, even though subject to probate or administered elsewhere. The
New Mexico laws applied shall not include any principles or laws relating to conflicts of laws.
ARTICLE II
Whenever used herein, words using the singular shall include the plural, and words using the
masculine shall include the feminine and neuter, and vice versa, unless the
context ... Show more content on Helpwriting.net ...
ARTICLE VI
If any beneficiary named or described in this Will fails to survive me for 120 hours, all the
provisions in this Will shall lapse, and this Will shall be construed as though the fact were that he or
she predeceased me.
ARTICLE VII
All estate, inheritance, transfer, succession, and any other taxes plus interest and penalties thereon
that become payable by reason of my death upon property passing under this instrument shall be
paid out of the residue of my estate without reimbursement from the recipient and without
apportionment. All death taxes upon property not passing under this instrument shall be apportioned
in the manner provided by law.
IN WITNESS WHEREOF, I have hereunto affixed my hand and seal this _____ day of
____________________, 2013.

_______________________________________
EDUARDO D. HERNANDEZ Testator
The foregoing instrument, consisting of TWO (2) pages (this page included), was on this _____ day
of ____________________, 2010, subscribed on each page and at the end thereof by Eduardo D.
Hernandez, the above–named Testator and by him signed, sealed,

The Tax Falls On The Survivors
The estate tax is unique in that it is payable one time and only after the grantor is gone. The effect of
the tax falls on the survivors and is not a burden while the grantor is alive. The IRS Code prevision
allows a federal estate tax marital deduction, which is when a person transfers property at death to
his or her surviving spouse free of federal estate tax. The deduction is available when property
passes to the surviving spouse either as an outright gift in the Will or when property is left in a
marital trust as a benefit for the surviving spouse. It is considered by many to be the most important
estate tax saving device available. The following provides a depiction of the history of the estate tax
in the US as well as the ... Show more content on Helpwriting.net ...
The War Revenue Act of 1898 was repealed in 1903, one year after the end of the Spanish–
American War, but in that short amount of time the tax raised about $14.1 million (Jacobson, Raub,
Johnson, 2007).
In the early 20th century, after worldwide conflict cut into trade tariffs, Congress turned to another
revenue source: The Revenue Act of 1916. This Act introduced the income tax system used today
and also included an estate tax with similar features of today's system. Residents received an
exemption of $50,000 with tax rates starting at one percent and climbing to 10 percent on estates
over $5 million (Jacobson, Raub, Johnson, 2007). As the US entered World War I in 1917, estate
taxes were increased. Unlike the previous Acts, the Act of 1916 was not repealed after the war
ended, but instead the laws surrounding the estate tax framework shifted immensely over the next
century.
History of the Unlimited Marital Deduction
At this point in history no provision for a marital deduction had been made and as a result, residents
of community property states were at an advantage over residents of common law states. In
community property states, marital estates were split in half to create a low overall tax burden. It
was not until 1948 that the estate tax code was amended to reduce these tax

Proposed Bill Legislation For A Reform Of The Current...
PART A
The Succession (Scotland) Bill passed stage 3 of the parliamentary process on 29 January 2016 and
will be brought into force at a future date. Critically evaluate the extent to which the provisions in
the bill relating to survivorship and forfeiture represent an improvement to the current legal position.
The Succession (Scotland) Bill is currently in the process of being processed in order to alter the
current position of Statute in the Succession (Scotland) Act 1964 and also Trusts (Scotland) Act
1921. The alterations being made are currently disputed as to whether they will create improvements
for the functionality of the law of trusts and successions or that they will cause more problems for
the courts in passing judgements. ... Show more content on Helpwriting.net ...
The Bill introduces a very drastic change to the aforementioned provisions in Section 31 as it states
that despite the circumstances when the presumption of order of death is uncertain then neither of
the parties are to be presumed to have survived the other, ergo diminishing the current legal stance
relating to the general rule that the younger of the parties is presumed to have survived the elder.
However this change has the ability to give rights to beneficiaries in both wills rather than vesting in
the younger of the two deceased persons. For example if an unmarried couple die and leave wills to
each other whom failing their two children then by applying the proposed rule in the bill then both
children will receive from the will rather than the younger of the deceased.
The idea of the provisions set out in the Succession (Scotland) Act 1964 were to help benefit the
younger person who is presumed to have predeceased the elder so that the possible whom failing
clause can be met rather than the estate falling into partial intestacy. A case which illustrates this
outcome well is the Ross's Judicial Factor v Martin when both died and the common law rule was
applied it was determined that neither would have survived the other. This therefor caused both of
the estates to be treated as

Testamentary Capacity To Make Will Case Study
Capacity to make will. The court held that there was sufficient mental capacity – the mind need not
be in perfect shape and the disposition logical in order to have testamentary capacity. The excerpt
below summarizes the court's ruling in favor of admitting the will to probate:
The jury in this case also heard testimony about Pat's health problems, including testimony about a
1983 electric shock accident, his headaches, and his declining health in 2005. Brenda conceded that
Pat performed his daily work after the accident; he worked cattle on horseback. Members of Pat's
family testified that Pat possessed all his mental faculties after the accident, noticing no change in
his daily behavior beyond some difficulty walking. The jury heard testimony that, in December
2004, Pat suffered from headaches ... Show more content on Helpwriting.net ...
She claims that, because no evidence demonstrates that Pat discussed his children or the
approximate nature of his property with the witnesses on the date he executed his will, Pat lacked
the capacity to make a judgment about bequeathing his property. She asserts that Pat did not know
who his children were because his will names a child whom he never adopted in a legal proceeding,
and it omits an alleged sixth child. But a finding of testamentary capacity does not hinge entirely on
direct evidence that the testator discussed the details of his children, wealth, or disposition at the
time he signed his will. See Prather, 76 Tex. at 584–85, 13 S.W. at 545–46. The jury heard direct
evidence of Pat's general mental condition on the day he executed his will and the attending months
before and after: this evidence supports its determination that Pat knew that he was executing his
will and that he had deliberately chosen Patricia to be his sole beneficiary. The evidence at trial
"would enable reasonable and fair–minded people to reach the verdict under review." See City of
Keller, 168 S.W.3d at

An Explanation Of A Case On The Law Of The Existence Of An...
To deny the existence of an agreement between the testator and the intended trustee would be to
commit a fraud, and, providing the trust complies with the requisite conditions, unrealistic to uphold
a strict reading of statute to allow the trust to fail. As previously stated, another equitable principle
says 'equity follows the law' – in the event of conflict, equity may circumvent the common law but it
does not seek to override it. It only intervenes if there is a risk of an unconscionable result, like the
denial of a testator's wishes. As Hudson notes 'the purpose of equity is to introduce fairness in
circumstances in which statute might permit unfairness ' thus is not surprising that the Courts have
applied the principle to secret trusts in this way.
An alternate (but weaker) theory: dehors the will
However, it is false to state that is solely thus equitable principle that enables the enforcement of
secret trusts. An alternative theory is that they arise, dehors, or, outside of the will. It was stated by
Danckwerts J in Re Young, in holding a secret trust valid, that in fact 'the whole theory of the
formation of a secret trust is that the Wills Act has nothing to do with the matter.'
This theory fundamentally argues that the trust is affirmed inter vivos, that is to say during the
testator's lifetime, and not through the will, and the will is merely is formalisation of the transfer. It
thus follows the trust is created dehors the will and is not opposing Wills Act.

Testamentary Freedom and Validity of Wills Essay
Equity Essay
Legislation and case law has been evolving throughout history surrounding testamentary promises.
The attitudes of the courts have ebbed and flowed towards claims testing the validity of a will. New
Zealand was the first country in the commonwealth jurisdiction to enact a family protection act, the
Testators Family Maintenance Act 1900. Although legislation has changed considerably since the
incorporation of the first act, the central concept has remained essentially unchanged. There are
three main statutes in New Zealand governing family protection and testamentary promises,
Property (relationships) Act 1976, Law Reform (Testamentary Promises) Act 1949 and the Family
Protection Act 1955. This essay will explore these ... Show more content on Helpwriting.net ...
The test used to prove or disprove capacity is that of contractual capacity, and not of testamentary
capacity.
Application of the Testamentary Promises Act
Blanchard J clearly sets out, in Bryne v Bishop, the practical application of the relevant law, being
section 3 of the Testamentary Promises Act. Blanchard J sets out what qualifies "work" ,"services"
and "promise" as described by the act, the recipient of the promise, the nexus between the services
ad the promise, and the role of the courts. The first issue is determining what qualifies the term
"services" or "work" under the act. The courts have been clear that to satisfy the term of "services"
or "work" the acts must be more than that of normal expectations of family life or social interaction.
It may however be satisfactory for acts to have a compassionate or affectionate nature in certain
circumstances. Although the parameters have not been specifically outlined, the courts have been
clear that service can not be satisfied if the facts show that of "young people simply sharing the
pleasures of each other's company in a common household." The next issue which Blanchard J
addresses is the term "promise." It as been declared that the term, for the purposes of the act, may be
interpreted outside of the dictionary meaning of the word. The term "promise" as defined in section
2 of the Act includes "any statement or representation of fact or

Pros And Cons Of The Giver
Professional Responsibility Davis, Fall 2017 Regulatory Reform Proposal Assignment– There are
abound definitions of the attorney client privilege. The most useful is the one proposed in 1972, by
the Chief Justice of The United States Supreme Court to Congress but not enacted in the proposed
federal rules Of evidence. Proposed rule 503(b) defined the attorney client privilege as : a client has
privilege to refuse to disclose and to prevent any other person from disclosing confidential
communications made for the purpose of facilitating the rendition of professional legal services to
client, (1) between himself or his representative , or (2) between his lawyer and the lawyers
representative, or (3) by him or his lawyer to a lawyer representing ... Show more content on
Helpwriting.net ...
It has always been recognized that the rule must have some limits, for at minimum it is inadmissible
that legal consultation be a cover for thuggery and theft. The difficult problem is where to draw the
boundaries how to define the kinds of secrets that a lawyer may not keep. Traditionally, the attorney
client privilege remains in force even if revelation would prevent the wrongful incarceration or
execution of an innocent person, and it remains in effect after the client dies. But it right to waive
the privilege belongs to a client who, as a result of death, is no longer able to exercise it, may the
client's lawyer choose to reveal information? Lawyers sometimes believe that they have good
reasons to do so. The issue sometimes arises when a client (a criminal defendant or convicted
criminal) reveals to his lawyer that he committed a crime of which someone else has been accused,
but the client is unwilling to make that confession public. The situation implicates both of the duty
of confidentiality and the attorney–client privilege. The problem for the lawyer who knows the
secret becomes even more difficult in her client

Essay On Joint Executors
Joint Executors for Pennsylvania Estates
One decision that must be made when drafting your Will, is who to name as Executor of the Estate.
An Executor is an individual, named in the Will, who will administer the estate. This involves
everything from opening an estate checking account and paying the final debts of the estate (funeral
bills, final utility bills, etc.) to making sure the beneficiaries receive the assets of the decedent.
As the Testator, you can name two people, as Joint Executors, to administer the estate. There can be
some benefits as well as pit falls to this approach, and the right decision will vary depending on your
family and financial situation. Appointing more than one Executor can help to spread out the duties
required of the Executor. This can be particularly beneficial for Executors who have full time
careers or obligation which make it difficult to find time to fulfil their estate administration duties.
Another advantage of Joint Executors is that the Testator can assure the executors have the
necessary financial expertise ... Show more content on Helpwriting.net ...
There are many decisions to be made by the Executor such as how to value assets for estate tax
purposes, when and how to pay those taxes, and when to make distributions to beneficiaries. Each
decision required by joint Executors increases the potential for disagreements and can lead to
disagreements. Also consider that in Pennsylvania, an Executor may be held liable for actions taken
on behalf of the estate. While an Executor may not be held liable for the actions taken by their Co–
Executor, they may be required to make a claim against the Co–Executor to protect the estate, or
risk liability. Pennsylvania allows Executors to take a reasonable fee for the administration of the
estate. Often when children act as Executors they waive this fee. Joint Executors may disagree on
whether a fee should be taken or how it should be

Blackwell V. Blackwell Case Study Summary
The following is a case study of Blackwell v Blackwell, that is connected to the principle of Secret
Trusts and particularly Half Secret Trusts. In order for the principle to be understood, it is significant
to expatiate on what secret trusts are and the several laws revolving around them. In general terms, a
secret trust arises where a testator, A, tells B that he is leaving property to B on his death, and that he
wishes B to hold it on trust for C, even though no trust for C has been set out in any formal will
executed by A. If B agrees, when the property passes to B on A's death, the court will enforce the
secret trust despite its informality and require B to hold the property for C. In secret trusts, two
different types are recognised by the courts, one where the trustee and the terms of the trust are not
mentioned in the will, this is a fully secret trust while a half secret trust is subject to a trust
obligation which is apparent on the face of the Will, but the terms of the trust and the identity of the
beneficiary are not disclosed. The trustee is not in position to deny the trust and can not fraudulently
take the property because he is a trustee for someone. Equity will not allow him take the property
beneficially. The major difference between both is the extent in which disclosure is made as to the
recipient of the gift intends to take the property as a trustee rather than for himself. Secret Trusts can
also arise where there is no will, it may be in a case of

Riggs V. Palmer Case Analysis
After Francis B. Palmer murder, the main question that was posed by the court is "should a murderer
inherit"? There was a disagreement between the judges on how the statute of wills should be applied
and interpreted. As a result, Judge Gray made some surprisingly strong arguments that the court is
"bound by the rigid rules of law", therefore, Elmer should not be denied his inheritance. Unlike the
dissenting judge, Judge Earl claims that no one should take advantage of his own unlawful actions.
Due to these different perspectives, I will first analyse both judge's decision. Secondly, I will make a
claim that Judge Earl's decision was inconsistent and invalidates the written statutory law, therefore,
the dissenting judges make a stronger argument. Finally, I will use the Legal Positivism Theory to
challenge Judge Earl's Natural Law Theory to support my position. ... Show more content on
Helpwriting.net ...
Palmer case, the court sided with the majority judges on the notion that Elmer should not benefit
from his crime. Considering that this maxim was not law, the court's decision was solely based on
moral judgement. Even though there was a binding will that granted Elmer the property, the
majority believed that the legislators who created the statute of wills did not intend to allow a
murderer to inherit under the will. Judge Earl continued to infer that if the case existed at the time of
the creation of statutory wills, necessary steps would have been taken to prevent this issue. His
argument was based on the fact that Elmer's intention was to commit murder to receive the property,
therefore, to give him this benefit would be unfair to the testator and his

Estate Law Essay
EXTRA CREDIT
1) List the basic documents used in estate planning. ––Wills
–Side instruction letters
–Durable powers of attorney for property
–Durable powers of attorney for health care
–Living wills or advanced medical directives
–Do Not Resuscitate orders
–Codicils
2) What problems arise for someone who dies intestate?
"Dying intestate" means dying without a valid will. When somebody dies intestate, the laws of the
state of their domicile control the distribution of their personal property. Real property located in
another state is distributed based on the laws of that state. The Estate is represented by an
administrator that is ... Show more content on Helpwriting.net ...
16) Define tenancy in common.
Tenancy in common is joint ownership in property by two or more individuals called" tenants in
common".
17) Define joint tenancy.
Joint tenancy is interest in property held by two or more individuals where each person has
undivided and equal interest in the whole property, generally with right of survivorship.
18) Define right of survivorship.
Right of survivorship means that upon the death of a tenant, the decedent's interest in the property is
transferred or distributed to the other tenants.
19) Can a joint tenancy be partitioned?
Yes, a joint tenancy can be partitioned. This does not require the consent of the other tenants.
20) Define community property.
Community property is a system of law wherein married individuals own an equal undivided
interest in property accumulated during their marriage. The property can be obtained through the
outlay of funds by either spouse.
21) List three common ways to own separate property in a community–property state.
The property could be acquired prior to marriage or acquired by gift during marriage or acquired by
inheritance during marriage.

22) Discuss the main differences between an executor and an administrator.
The executor is chosen by the decedent while the administrator is chosen (appointed) by the probate
court. Executors are

Case Study: Determining if there Is a Validly Executed...
Problem Question A The first thing to be determined is whether there was a validly executed will,
and if not whether under the intestacy rules there is any provision for the person. Sarah and Holder
died with validly executed wills so therefore at the first look of things their properties are distributed
accordingly. When it comes to jacks entitlement. Under Sarah will at first look of things nothing was
left to jack. Although Sarah and her ex husband (Carl) had agreed to leave their properties to jack
and made mutual wills to this effect. However wills are ambulatory in nature, a person can revoke
their will as much as possible while they are alive. Wills Act 1837 S.20 'A person can revoke their
will by writing another one'. ... Show more content on Helpwriting.net ...
He may have a second claim under this act as any person who immediately before the death of the
deceased was being maintained, either wholly or partly, by the deceased For the purposes of
subsection (1)(e) above, a person shall be treated as being maintained by the deceased, either wholly
or partly, as the case may be, if the deceased, otherwise than for full valuable consideration, was
making a substantial contribution in money or money's worth towards the reasonable needs of that
person. Seeing as Jack is under aged and lived with his mother it is quite reasonable to think that he
was partly or wholly dependent on Sarah. Maintenance has been said in the case of Re Dennis to
connote 'only payments which, directly or indirectly, enable the applicant in the future to discharge
the cost of daily living at whatever standard of living is appropriate to him When it comes to jacks
claim under Holders will. Holder whispered to Reddick that the £30,000 he left him in his will was
for Jacks University. This shows Holders intention to establish a secret trust. For a secret trust to be
valid there are certain requirements that have to be fulfilled intention, communication and
acceptance this will be discussed in more depth

Femmer's Murder Is Wrong
The Natural Law Theory suggested that Elmer's murder is wrong because it violates moral
principles. While I do agree with this, Gray makes a strong argument in the sense that the court is
expected to follow the law created by the people in authority. Before Francis's death, there was no
mistakes in the will and the language of the statute governing wills was clearly written, making it a
valid one. In other words, the court is required to uphold the validity of the will. In placing morality
above the demands of the law, the majority judges meets the burden of overruling the written law.
Therefore, positivists would agree that the rules governing wills must be applied as written and that
a benefactor must inherit. It is true that the law can

How Does Nadine's Will Affect Her Will?
Nadine did not effectively revoke her Will. According to Conn. Gen. Stat. 45a–257, to revoke a Will
the testator must burn, cancel, tear, or obliterate the Will or by someone at the direction of the
testator, in the testator's presence. Although Nadine left a voicemail requesting her lawyer to destroy
her original Will, it was not done in her presence. Nadine, at a last attempt to modify her Will on her
deathbed, she writes on each page of her copy of the Will "This Will is Revoked". Unfortunately for
Nadine's son, Richard, this is not a valid form of modification. Conn. Gen. Stat. 45a–251 tells us any
Will or codicil, change to the Will, has to be in writing, signed by the testator and attested by two
witnesses. Connecticut does not recognize holographic Wills and furthermore, it has to be the
original Will, not a copy. At this point, Nadine's Will still has Richard left out. Conn. Gen. Stat. 45a–
257b would be the statue that Richard ... Show more content on Helpwriting.net ...
I can only imagine his roller coaster of emotions discovering he was left out of the Will and then his
mom had a change of heart and tried to include him in the final hours. I'd assume Richard would go
to the lawyer to inquire about the Will. The lawyer was not allowed to destroy the Will, and set
himself up for malpractice. However, if Richard seeks to submit the Will to probate, Richard is left
out of the Will. Furthermore, there is no gain for Richard to sue the lawyer for malpractice because
he wasn't going to gain anything from the Will in the first place. If a Will is not submitted to probate,
then Nadine's estate becomes intestate, as if she never had a Will and follows the terms of intestate
succession where Richard is Nadine's only heir at law. This would not be the ethical option but
certainly would be the lawyer's preference so he can avoid consequences and Richard's preference,
as he would now stand to benefit from his mother's

Who Are The Parties In The Case?. The Parties In This Case
Who are the parties in the case? The parties in this case are the two plaintiffs Mrs. Riggs and Mrs.
Preston, the daughters of the deceased Francis B. Palmer, and the sixteen–year–old defendant Mr.
Elmer. E Palmer, the deceased's grandson. What are the facts of the case? The case is a probate suit
in which the plaintiffs endeavoured to invalidate their deceased father's will on the grounds that the
bulk of the estate was left to the defendant. The defendant, aware of his status as main beneficiary to
his grandfather's estate and fearful over losing that asset due to the prospect of the will being
changed to accommodate an ante–nuptial, deliberately murdered his grandfather by poisoning him,
thus making the will operative with the ... Show more content on Helpwriting.net ...
What did the court decide? The court, by majority opinion, decided to declare the will ineffective,
thus refusing the defendant any benefit of the estate left to him and declaring the plaintiffs the
rightful recipients of the testator's estate, subject to the provisions already set (the support of the
defendant's mother and the testator's widow). All costs were also awarded to the defendant. What
was the reasoning for the court 's decision? The court's decision was based on a variety of different
reasonings. One of the foundations of the decision was the Latin maxim qui haeret in litera, haeret in
cortice – 'he who adheres to the letter, adheres to the bark,' meaning that the substance of a writing is
sacrificed if the interpretation of the words is taken too literally, and in the case of Riggs v Palmer
[1889], the intention of the lawmakers was paramount. The court carried the notion that a statute
holds within it the intention of the law–makers just as much as the words itself, and jointly that the
words within a statute are not legitimate unless they are the intention of the writers. It was noted by
the court that while the existing statutes are first and foremost in place to enable testators to ensure
that their assets are distributed post–death as desired, it must be acknowledged that in no way would
it have been the intention of the law–makers during the drafting

Allday V. Cage Document Analysis
For a will to incorporate a document by reference, the will must so clearly identify the document as
to "preclude all probability of mistake as to the [document] referred to". Allday v. Cage. The courts
do not favor ambiguity when a document is referenced in a will because the meaning of the will may
be altered. Brooker v. Brooker. A will describes a document with sufficient clarity if the description
of the document contains the correct date and name(s) in the document. In Allday v. Cage, the court
held that a "[document] between [Mrs. M. J. Crow] and J. H. Cage, John Cage, Day Cage, Jessie
White and F. S. White... September 14th, 1910" described in the will by its date and names included
was incorporated into the will. In contrast, the court held that a document described simply as
"deed" did not sufficiently describe the document for incorporation into a will. Brooker v. Brooker.
If a will references a document and identifies the individual possessing it, the document will be
incorporated into the will. For example, if a last will and testament is handwritten onto the back of a
postcard and includes a note that says "handle pursuant to the incomplete will Doris has", the
"incomplete will" may be found to be a document incorporated by reference into the will written on
the postcard. Trim v. Daniels. ... Show more content on Helpwriting.net ...
In Taylor v. Republic National Bank of Dallas, the court found a document referenced to be
incorporated into the will invalid because it required the animated participation of an individual who
had died. In the aforementioned case, the will failed to accurately describe the contents of the
document as the individual was also the testator of the will. Also, a will that does not describe the
contents of a document will not be found by the courts to have incorporated the document by its
reference alone. Brooker v.

The Cractus Bene Moriendi And The Ars Morendi
Its has been demonstrated that the term "poor" can be employed to refer to a wide socioeconomic
group in the Middle Ages. What is left to examine is why and how this group aided the souls of the
dead in the afterlife. Every good Christian, according to scripture, had a duty to care for the needy.
From Matthew's Parable of the Separation of Sheep and Goats to Daniel's warning to
Nebuchadnezzar to 'break off his sins by showing mercy to the oppressed,' Christians were
constantly reminded of their civic duty. But the spiritual necessity of acting on this charitable
obligation came into sharp focus around the eleventh and twelfth centuries with the introduction and
development of Purgatory. Aside from Saints, who were promised direct entry to heaven, every
Christian soul was destined to spend time in ... Show more content on Helpwriting.net ...
Anderson's notion that charity was a means by which one could accrue spiritual merit is evident in
medieval mortuary tracts. The Tractus Bene Moriendi and the Ars Moriendi, which served as
handbooks for the dying man, offered practical solutions to concerns about Purgatory by outlining
the 'crafe to lyue well and dye well.' A considerable portion of both texts is dedicated to projecting
the importance of charity as the 'queen of all virtues, with which no one can perish, without which
no one can live, either in this life or the next.' By employing a culmination of parables and
Augustinian rhetoric, these handbooks reinforced the relationship between alms deeds and the
emancipation of the soul. The various vernacular translations and wide distribution of these works
suggest that lay readers were aware of the spiritual significance of their philanthropy and what it
meant for the afterlife. By helping the needy, testators were not loosing their riches, but 'sending
their wealth to heaven via the hands of the

The Case Of Philo Riggs Vs. Elmer E. Palmer

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The Case Of Philo Riggs Vs. Elmer E. Palmer