None of these certificates were specifically devised by Croom’s will, and the will contained no residuary clause. Who is entitled to share in these assets?

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None of these certificates were specifically devised by Croom’s will, and the will contained no residuary clause. Who is entitled to share in these assets?

George Washington Croom died testate. In his will, Croom left various bequests of real and personal property to his children and a grandchild. In Item Eight of his will, Croom stated “I leave nothing whatsoever to my daughter Kathryn Elizabeth Turner, and my son Ernest Edward Croom.” At his death, Croom also left three optional share certificates in Carolina Savings & Loan Association issued to George W. Croom or Kimberly Joyce Croom, the deceased’s minor daughter. Each of these certificates had attached to it an “Agreement Concerning Stock in Carolina Savings and Loan Association” which purported to create a joint account with a right of survivorship. Two of these agreements were signed by George Croom only, and the third agreement was not signed at all. None of these certificates were specifically devised by Croom’s will, and the will contained no residuary clause. Who is entitled to share in these assets?

Answer & Explanation (1)

Explanation

Will is a type of written document that states the information on the particular property or asset, which will be delivered to another person after the death of the will holder.
 
Individual G's will already stated that Individual G will not give anything to Individual G's daughter, Individual K, and son, Individual E, in any circumstances. Thus, legally, Individual G's grandchildren will get Individual G's share after the death of their grandfather. However, according to the succession act, only legal heirs of Individual G can take over the assets and property after Individual G's death. So, it is impossible to determine correctly that who will receive or be entitled to get the right for property.

Sample Response

Due to the absence of the residual clause in the will of Individual G, it is doubtful to say that who will get entitled to get the assets as per the will. As per the intestate succession act, Individual G's son and daughter may be allowed to receive the will. However, this is opposite of the decision taken by Individual G's because Individual G decides to give it to his grandchildren.

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