WILLS-FAILURE OF RESIDUARY CLAUSE TO PASS UNDEVISED PROPERTY

Authors

Robert T. Haines, University of Michigan Law School

Abstract

Decedent, in his will, declared that he had, by trust agreement of even date, "disposed of all my intangible personal property, both during the remainder of my lifetime and after my death. Said Trust Agreement does not include within its terms my real estate, my tangible personal property, or any money. . . . This will is, therefore, specifically designed to provide for the distribution of said real estate, tangible personal property, and money." After certain specific gifts decedent directed that, "all the rest and residue of my estate, of every description, real, personal and mixed, and wherever situated," be divided among named charities. Before the date of execution of those instruments decedent had been advised that he might have a claim to the corpus of a certain trust fund. He took no steps to have the matter determined, but after his death it was judicially decided that he had inherited the securities in the trust fund. Decedent's next of kin contended that decedent was intentionally intestate as to that fund. Held, contention rejected. Sheridan v. Perkins, (Va. 1947) 42 S.E. (2d) 853.

Recommended Citation

Robert T. Haines, WILLS-FAILURE OF RESIDUARY CLAUSE TO PASS UNDEVISED PROPERTY, 46 Mich. L. Rev. 709 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss5/27