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administration agreement apply appointive assets Article Atkinson attorney Bank beneficiary benefit Blackacre Casebook claims clause client codicil common law community property contract created creditors death taxes deceased decedent decedent's decree descendants devise disposition distribution doctrine donee's drafter drafting duty effect elective share estate planning evidence executed executor exercise federal estate tax fiduciary gift tax grandchildren gross estate heirs husband included intent inter vivos inter vivos trust joint tenancy judicial jurisdiction lawyer legislation Lune marital deduction Marital Share Minn.Stat Minnesota payment personal property personalty plaintiff pour-over power of appointment PR's presumption principal and income realty regarding remainder remaindermen residuary Restatement Second restraint on alienation revoke rule Section settlor spendthrift trust spouse's statute statutory supra surviving spouse taxable tenant testamentary testator's testatrix tion transfer trust assets trust instrument undue influence valid wife