If It’s Not In The Will, Does It Matter What The Testator Wants?
August 17, 2017
by: Luke Lantta
If you want someone to get your money or property when you die, why don’t you just say so? The case reporters are thick with stories of testators who left money or property to one person with the supposed ‘understanding’ or ‘instruction’ that the person who got the money would use it for the care of another. Add Rabun v. Rabun to that list.
In this trust and estate dispute, the decedent transferred assets during his life and through his will to his grandson (who was also his executor and his adopted son). The decedent’s widow claimed that the decedent intended for some of these assets to be used by the executor for her support, so she sought imposition of a constructive trust on those assets.
In support of her claim, the widow pointed to
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