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administration agreement alien appeal applied appointment assets attestation attorney Bank Barton beneficiary benefit bequest Chapter charitable trust child claim clause codicil common law constructive trust contest corporation creditors death deceased decedent decedent's declaration decree deed devise disposition doctrine effect elective share enforce Eng.Rep equity ERISA Estate Planning estate tax executed executor express trust federal fiduciary formalities fund gift heirs held husband income inheritance instrument intention inter vivos inter vivos trust interest issue joint tenancy jurisdiction L.Rev land lawyer marital deduction ment Myres named parties payment personal property plaintiff present presumption pretermitted heir problem Professor of Law provisions purpose resulting trust revocation revoked rule Section settlor share signature signed spendthrift trust Stat Statute of Frauds statutory supra surviving spouse tenancy testamentary testator's testatrix tion transfer trial court trust instrument trust property undue influence Uniform Probate Code University valid wife witnesses