(Download) "Delaney v. Melvin" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Delaney v. Melvin
- Author : Supreme Court of Montana
- Release Date : January 30, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1. Statutes ? Montana will not adopt poorly reasoned construction of similar statute. The Supreme Court of Montana will not blindly follow the construction given a particular statute by the court of the state from which the Montana statute was borrowed, when such decision is not sustained by the better reasoning and is in conflict with other Montana statutes. 2. Trusts ? Will not invalid as a trust to convey. A will devising one-half of the residuary estate to a trustee with directions to pay the income to the testators daughter for a certain period, and directing the trustee to "convey and transfer the corpus" as provided therein, was not invalid under the statute as being a trust to convey. 3. Wills ? Intention of testator is paramount. In construing wills, fixed rules for interpretation of writings yield to the basic principle that the thing to be sought for is the intention of testator. 4. Trusts ? Testator may authorize trustee to convey the property. Testator creating a trust and having the right to say to whom the real property shall belong may also provide in the trust that the trustee at the termination thereof shall convey the property.
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