The court found however, that it had to abide by the testator’s intent and that the 1980 codicil’s republished the 1977 will, and the notebook and memo were incorporated by reference and there was enough evidence to show testatrix wanted her property devised in this way. MC is required for the protection of society and for the protection of ded’s family and for ded himself. BN wouldn’t close an estate with creditors out there, just pay it and get it over with. Done without consent of the T. Proponent also has to be able to prove the terms of the will. Decedent’s will provided antique dishes to P with the bulk of the estate devised to the Hospital (D). IRS doesn’t respect reformation after the fact. In their medical opinion, theresa’s condition did not warrant a diagnosis of brain death until much later. Woolson and his wife and children petitioned to have the trust dissolved after the children were done with their education. Ded retained the right to amend or revoke the T at any time by written instrument delivered to the TEEs. T intended to retain the right to alter and amend her bequests of tangible personal property in her will without having to formally amend the will. Later, she intended to change her will and had a new one drawn up benefiting Ps, but defendant kept her from executing it by use of false representations, undue influence and physical force. Nielson should have been determined to be disinterested. CHAPTER 8: TRUSTS: CREATION, TYPES AND CHARACTERISTICS Section A: Introduction Background Settlor Trustee Beneficiaries Use of trusts in estate planning Trusts compared with legal life estates ______________________________________________________________________________ Background A trust is a device whereby a trustee manages property for one or more beneficiaries. Both wits believed they had fulfilled the attestation requirements. P sues to probate the will to which P was a beneficiary. If the trustee wrongfully disposes of the trust property and acquires other property with the proceeds of the sale, the beneficiaries can impose the trust on the newly acquired property. (usually the court appoints the new trustee that the settlor prefers) It is a tough burden to get a TEE ousted if he won’t resign. On post-trial motions the court granted a jnov to defendant (administrator) on ground that paternal aunt had no legal authority to enter into adoption k ISSUE: Does a paternal aunt have authority to contract for her niece’s adoption if she is not the legal guardian? After T’s death it was held that the deed was not effective to convey title because it was not delivered by T during his lifetime. Later the old atty retired, he said that she could get her file if she wanted. ISSUE: is a spendthrift provision of a T effective against the claims of the B’s former spouse for alimony and for support of the B’s child? A suprising # put title to land in another relying on transferee’s (X’s) oral promise to reconvey. Retention of Control by the Settlor If the settlor retains numerous powers and lacks the true T intent, the T may be ruled illusory. That if the will is proven to have been in her possession at the time of her death and can’t be found after her death it is presumed to have been revoked. trusts can be used for an almost unlimited number of purposes: Estate planning to provide for a surviving spouse and children The running of vast empires A useful device for managing wealth held for charitable purposes or pensions Managing giant investment funds (e.g.