WILLS-CONSTRUCTION-MEANING OF WORD 'WIDOW" WHEN USED BY TESTATOR

Authors

Walter L. Dean S. Ed., University of Michigan Law SchoolFollow

Abstract

Testatrix set up a testamentary trust which was to continue "until the death of the last survivor of such of my children, grandchildren and any widow of my son, surviving him as shall be living at my decease." Upon the death of any child the trustee was directed to pay to "the husband or widow" of such child a part of the principal or an annuity from the income of the trust. Testatrix' son remarried after her death and on his death the trustee brought this action to determine whether the second wife who was living at testatrix' death, was entitled to the annuity. On appeal from a decree of the probate court instructing that no annuity was payable, held, affirmed. A testamentary gift to the widow of another is presumptively a gift only to that other's wife who was known to the testator. Hill v. Aldrich, (Mass. 1951) 96 N.E. (2d) 147.

Recommended Citation

Walter L. Dean S. Ed., WILLS-CONSTRUCTION-MEANING OF WORD 'WIDOW" WHEN USED BY TESTATOR, 49 Mich. L. Rev. 1259 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss8/27