(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
testatrix, 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.
A
testatrix 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.
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.