WILLS - CLASS GIFT TO PERSONS NAMED

Authors

Abstract

By the terms of his father's will, the plaintiff was made beneficiary of a trust fund which the testator directed "shall be and is in full of all claim . . . which he is to have out of my estate." Specific bequests were given to two of the testator's sons. The residue was devised and bequeathed "in equal parts to my following named children" (the seven brothers and sisters of the plaintiff being named as legatees). One son who was named both as a specific and residuary legatee predeceased the testator. The plaintiff contended that the bequest to that son and his share in the residue lapsed and was undisposed of by the terms of the will, and, therefore, should be distributed as intestate property: The court held that the specific bequest to the deceased son fell into the residue and that the residuary gift was to be regarded as a class gift and divided among the six surviving residuary legatees. Strauss v. Strauss, 363 Ill. 442, 2 N. E. (2d) 699 (1936).

Recommended Citation

WILLS - CLASS GIFT TO PERSONS NAMED, 35 Mich. L. Rev. 178 (1936).
Available at: https://repository.law.umich.edu/mlr/vol35/iss1/33