References in classic literature ?
"Frankly we did our best to prevent such a testamentary disposition, and pointed out certain contingencies that might leave her daughter either penniless or not so free as she should be to act regarding a matrimonial alliance.
It is so, with testamentary dispositions." Again he pursed up his lips and frowned a little.
"She was given to changing her mind as to her testamentary dispositions, now benefiting one, now another member of her family."
(5) An assignment, license or testamentary disposition may be granted or made in respect of the copyright in a future work, or the copyright in an existing work in which copyright does not subsist but will come into being in the future, and the future copyright in any such work shall be transmissible as movable property.
To the extent a testamentary disposition has been "unduly" caused or influenced (oftentimes by one outside the normal order of succession), the will is invalid and thus one's close familial relations are recognized in the intestate distribution scheme and protected from disinheritance.
[section] 732.603 also explicitly incorporates existing Florida case law to the effect that the section does not apply if words of survivorship such as "if he survives me" are attached to a testamentary disposition. (41)
2703 requirements--namely, it was (1) binding during life and after death, (2) entered into for bona-fide business reasons, (3) was not a substitute for a testamentary disposition and (4) its terms were comparable to those of similar arrangements entered into at arm's length.
Notwithstanding the inroads that discretionary dependants relief and matrimonial property statutes have made into the principle of free testamentary disposition, property owners in the English-speaking Canadian provinces can still exercise considerable power over the distribution of their assets after death.
It was way back in 1950 that the Florida Supreme Court cited Am.Jur., Dead Bodies, and said: "It is well settled that, in the absence of testamentary disposition to the contrary, a surviving spouse or next of kin has the right to the possession of the body of a deceased person for the purpose of burial, sepulcher or other lawful disposition which they may see fit....
(50) If the property is completely incapable of testamentary disposition, no duty could be owed to a person who hoped to receive it under a will.
* A buyback provision involving family members has a high standard to meet to qualify as a business purpose agreement rather than a testamentary disposition. In essence, the result controls, not the provision's form.
He said: "I have come to the conclusion that the evidence does satisfy me that the deceased knew what was in the document and intended it to represent the final testamentary disposition of his estate."