WILLS-GIFT OVER OF UNCONSUMED RESIDUE FOLLOWING AN ABSOLUTE GIFT

Authors

Abstract

A died leaving certain securities which she had received under a will giving her the property "absolutely." B claimed the securities under a subsequent clause in the same will which gave her any part of the above bequest which "should . . . remain" at A's death. The trial court found that the testator intended to give A an absolute gift, so that the gift over was void. Held, that while such a gift over following a fee simple bequest is void, an absolute gift may subsequently be cut down to a lesser estate if it be clear that such was the testator's intention. Since it was the testator's intention in this case to give only a life estate coupled with an absolute power of disposal, the gift over was good. In re Byrne's Estate, (Pa. 1935) 181 A. 500.

Recommended Citation

WILLS-GIFT OVER OF UNCONSUMED RESIDUE FOLLOWING AN ABSOLUTE GIFT, 34 Mich. L. Rev. 1277 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss8/38