Wills, Trusts & Estates
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action Affirmed agreement ambiguity appealed applied attorney beneficiary benefit bequest charitable trust child class gift clause codicil Comerica CONCISE RULE constructive trust construed contingent remainder contract created a trust cy pres doctrine daughter decedent decedent’s descendants determine devise died disposition distribution document EDITOR’S ANALYSIS elective share enforced ERISA executed executor extrinsic evidence FACT SUMMARY filed fund held HOLDING AND DECISION holographic inter vivos trust intestacy invalid issue language legatees National Bank NATURE NOTES parties perpetuities period person petition power of appointment predeceased prenuptial agreement probate court purpose QUICK REFERENCE RULES remainder interest remaindermen requirement residuary residue Reversed revocation revoked rule against perpetuities RULE OF LAW settlor signed specific spendthrift trust spouse subsequent summary judgment surviving survivorship termination testamentary trust testator intended testator’s death testator’s intent testatrix trial court trust assets trust corpus trustor valid vested remainder violate the rule wife wife’s will’s