WILLS-GIFTS TO NAMED BENEFICIARIES AND TO A CLASS-PER STIRPES OR PER CAPITA

Authors

Abstract

Action by an executor for the construction of a will in which the testator had given a gift to certain of his children, naming them, and to two sets of grandchildren one of which was the offspring of a child, deceased at the time of the execution of the will. The gift provided that they were to participate "share and share alike." In two subsequent clauses of the will the testator provided for trustees to take care of the "portion" left to the grandchildren. The court held, that a sufficient intent was shown so as to justify a distribution per stirpes. Affirmed, Claude v. Schutt (Iowa 1930) 233 N.W. 41.

Recommended Citation

WILLS-GIFTS TO NAMED BENEFICIARIES AND TO A CLASS-PER STIRPES OR PER CAPITA, 29 Mich. L. Rev. 799 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss6/40