(2) All references to "testator" are intended to include "testatrix
1945) ("[W]here a will is inconsistent with testatrix
's duty to her family and is not made according to the dictates of natural justice, it is a circumstance to be considered with other evidence."); Johnson, 172 N.W.
In 1972 the testatrix
went to live on the farm and she stayed on the farm until 1973 when she left because she experienced hostility from Jacqueline.
Courts have created a presumption against intestacy, for "the mere fact that the testatrix
made a will is evidence of an intent not to die intestate." (257) But courts simultaneously posit a presumption against disinheritance of heirs, the persons thought to comprise "the natural objects of [the testator's] bounty." (258) Courts arguing for the remain-in-the-residue rule cite to the first presumption for support, while defenders of the no-residue-upon-a-residue rule point to the second.
1976) (construing the term "issue" in the will of the decedent to include "legitimate and illegitimate descendants alike in the absence of an express qualification [to the contrary] by the testatrix
"); Prudential Ins.
The most important reason for creating a will is to provide the testator (in some jurisdictions, "testatrix
" is the feminine form; either form means the one who makes or executes the "will and testament") with an opportunity to control the passing of his or her property and thereby to avoid "intestacy." Without a will the decedent's assets will pass by the laws of intestate succession of the state in which the decedent resides or in which his property is located.
, a devout Roman Catholic, was evidently opposed to mixed marriages.
In Section I of her will dated 19th January 1923, the testatrix
designates her husband Mr.
set aside one thousand dollars for her executor to expend "in the manner which in his judgment will best further the development of the Irish Republic." (106) Employing logic similar to that used later in McGovern, the Westchester County Surrogate's Court held that the gift was invalid as a trust for the attainment of political purposes.
at 94 (action by prospective donee against testatrix
); Gruen, 488 N.Y.S.2d at 402 (transfer contested by step-mother); Fischer, 101 N.W.
He the first depositor that he had been married to the late Marija Levij testatrix
had her as wife and is widower of her, who died in New York [sic] about three and half years ago and he depositor the foresaid testament had held in his hands and had read it, which testament is in the hands of Stephanus Kortlont [Cortlandt] and Abraham Lanoij [de Lanoy] at Nieuw Jorck, and he the other depositor Lammert Benedictus is a son of the first requestor's Stepmother, and is about the abovementioned well informed.
Francesc (Frari) the limitation to 200 women was abolished in 1357 TABLE 2: PRESENCE OF WOMEN IN THE SCUOLE: SCUOLE KNOWN FROM TESTAMENTS The table shows fourteen cases in which we know that a scuola had female members because a testatrix
declared herself a sister of that scuola.