WILLS-JOINT AND MUTUAL-DISPOSAL BY SURVIVOR

Authors

Abstract

H and W made a joint and mutual will, devising to the survivor a life interest in the joint property with certain absolute remainders over, and containing an agreement not to revoke without mutual consent. W died; her will was proved and H took the income for his life. When he died, a subsequent will was proved with provisions inconsistent with the joint will. Some of the legatees having died after W but before H, the question of distribution was before the court. Held, since H was bound by his agreement not to revoke, he held the property on trust to carry out the provisions of the joint will. Since the interest of the legatees vested on the death of W, there was no lapse. In re Hagger, [1930] 2 Ch. 190.

Recommended Citation

WILLS-JOINT AND MUTUAL-DISPOSAL BY SURVIVOR, 29 Mich. L. Rev. 393 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss3/41