DOWER - POWER OF HUSBAND TO DEFEAT HIS SURVIVING SPOUSE'S STATUTORY SUCCESSION RIGHTS BY AN INTER VIVOS TRANSACTION

Authors

Elbridge D. Phelps, University of Michigan Law SchoolFollow

Abstract

Ferdinand Straus died July 1, 1934, leaving a will dated May 5, 1934, which named his wife life beneficiary of a trust composed of one-third of his real and personal property, this being the minimum provision which he could make for her and yet preclude an election on her part to take against the will under the New York Decedent Estate Law. Three days before his death testator executed trust agreements by which he transferred all his real and personal property to trustees, who are defendants herein, and which named plaintiff herein as ultimate beneficiary. In general, all powers granted to the trustees were subject to such control as the settlor saw fit to exercise; he also reserved in himself enjoyment of the entire income for life as well as full revocatory power. Plaintiff appeals from an adverse judgment in an action which she brought to compel the defendants as such trustees to carry out the terms of the trust. Held, judgment affirmed. Since the transfer in trust was merely illusory it was ineffective as against the surviving wife of the settlor. Newman v. Dore, 275 N. Y. 371, 9 N. E. (2d) 966 (1937).

Recommended Citation

Elbridge D. Phelps, DOWER - POWER OF HUSBAND TO DEFEAT HIS SURVIVING SPOUSE'S STATUTORY SUCCESSION RIGHTS BY AN INTER VIVOS TRANSACTION, 36 Mich. L. Rev. 496 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/18