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Spicer v. Wright

Supreme Court of Virginia

211 S.E.2d 79 (1975)

Relevant factsFree

Leila Spicer's holographic will left her estate to her sister Ms. Wilson "to be disposed of as already agreed between us," but Ms. Wilson died before probate, and the estate's administrator (plaintiff) sought guidance on distribution between Wilson's descendants and Spicer's husband Meade (defendant), who argued a trust was created that should fail for indefiniteness and result in a resulting trust favoring him.

IssueFree

Whether, if a will grants assets to a beneficiary to be disposed of as agreed, but does not specify who the assets should go to or how they should be distributed, a trust is created.

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