WILLS--CONSTRUCTION-TESTAMENTARY INTENT

Authors

J. R. Swenson, University of Michigan Law SchoolFollow

Abstract

In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton v. Tucker, (Iowa, 1946) 23 N.W. (2d) 297.

Recommended Citation

J. R. Swenson, WILLS--CONSTRUCTION-TESTAMENTARY INTENT, 45 Mich. L. Rev. 1069 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss8/17