Trusts And Estates

Trusts & Estates Outline
Introduction
Heirs = benefit under intestacy
Devisees = benefit under the go out
Bequest for face-to-face property; devise for land
UPC 1990: espouse in 16 jurisdictions (including FL) and adopted in part in other jurisdictions
Blackstone & Jefferson v. Locke
oBlackstone: will be civil/legal creations by man, they arent a natural right
In feudal times property reverted to the faggot or the decedents superior (land was further held during lifetime) alone everyplace time children became the heirs
People only think wills are a natural right b/c theyve been nearly for so long
oJefferson: the dead have no rights everyplace their property at death
Rule against perpetuities designed to demarcation line the implementing on of land
Want to limit what decedents can do
reaction to the landed aristocracy and the kings control over land
oLocke: right to pass on property is a natural right
Hodel v. Irving: reflects cts shift from Blackstone/Jefferson view to Lockes view
oAct was passed to solve the fractionalization of land caused by insurance policy of allotment of Indian lands the act took away the right to pass the land by intestacy or will if it was of a genuine size (if v.



small cant pass)
oThe substance abrogation of these rights is a taking in violation of the reputation
oThe right to pass on property is one of the most(prenominal) important sticks in the bundle of rights
oConstitutionalizes the right to shift property through will and intestacy
Shapira: will stated that the children would only fascinate their inheritance if they married another Jew (defined Jew as person w/2 Jewish parents) and if they did not marry a Jew, then their inheritance would go to Israel ? will challenged
oConstitutionality:
responsibility to marry is protected by the 14th
Right to go property by will is created by law, not a natural right and not protected by the constitution
If a man can disinherit his children then he can restrict his childs inheritance
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