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Question
Owen's will left $600,000 to Trustee. The will directed Trustee to use $250,000 "for my true friends who stood by me, in whatever amounts Trustee thinks fair"; $250,000 "to fund scholarships for graduates of County High School who study nursing"; and $100,000 "to care for my dog, Poppy, for the rest of Poppy's life, with any unused amount then to County High School's scholarship fund." Owen's will named Trustee and gave Trustee broad investment and distribution powers.
Owen's heir argues that all three provisions fail because none names a definite human beneficiary. Trustee argues that each provision can be enforced. The state follows modern UTC-style rules for charitable trusts and animal trusts.
Which provisions create valid trusts, which if any fail, and what should happen to property allocated to any invalid provision?