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Category: Business Law
By his last will and testament, Henry Nussbaum made a residual bequest and devise of his estate to his niece, Jane Blair, as trustee, in trust for the education of his grandchildren. If the trust could not be fulfilled, the residue was to revert to the plaintiff, Dorothy Witmer. After Nussbaum died in 2005, the plaintiff contended that the trustee ...
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Category: Business Law
Rodney Sharp was a fifty-six-year-old dairy farmer whose education did not go beyond the eighth grade. Upon the death of his wife of thirty-two years, Sharp developed a very close relationship with Jean Kosmalski, a schoolteacher sixteen years his junior. Sharp eventually proposed to Kosmalski, but when she refused, he continued to make gifts to he...
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Category: Business Law
Grace Peterson, a never-married and childless woman, then age seventy-four, asked Chester Gustafson, a Minneapolis attorney, to draw a will for her. Gustafson, who had also probated Peterson's sister's estate, drew this first will and six subsequent wills and codicils free of charge because he claimed that she had no money to pay for his services. ...
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Category: Business Law
Leonard Wolfe was killed in an automobile accident while driving his Toyota Camry. The car was rendered a total loss, and Wolfe's insurance carrier paid his estate $18,550 for damage to the vehicle. Under the terms of Wolfe's will, any car owned at his death was to be given to his brother, David. Wolfe's daughter, Carol, however, brought an action,...
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Category: Business Law
The validly executed will of John Dane contained the following provision: "I give and devise to my daughter, Mary, Redacre for and during her natural life and, at her death, the remainder to go to Wilmore College." The will also provided that the residue of his estate should go to Wilmore College. Thereafter, Dane sold Redacre and then added a vali...