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TRUSTS-RETENTION OF CONTROL OF PROPERTY FOR LIFE AS AFFECTING VALIDITY OF ITS DISPOSITION AT DEATH

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Abstract

The problem of how much control a person may exercise over property during his life without defeating the right of the beneficiary, whom he has designated, to take at his death, is one concerning which our law is by no means uniform. In a group of cases dealing with one type of disposition of property the law will be found to be fairly consistent, but in another group dealing with a different type of disposition, though having the same fundamental elements as those of the previous type mentioned, the courts may decide just the opposite. Some of the different types of situations in which this difficulty occurs will now be presented and an attempt made to show wherein the same principles should be applied so as to bring about results that can be reconciled.

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