I wondered what you think of this scenario I ran into today. G died in 1962 owning hundreds of acres of land that he had inherited. In his will, he left numerous tracts of land with ambiguous legal descriptions (i.e in back of Linda Jones house) to his great nephew J , but only when he turns 25. J was 13 when G died. Until then, G leaves the property to his neice, M (over 21). No trust, no receivership. M also inherits his remainder property. There is an affidavit of possession that says M owned the caption property by the will. (Some of the deed references are incorrect and incomplete). J was alive at least into the 80's. I am told he died in another state.
Is such a will valid? Can G leave property to M but only until J is 25? Given the extremely poor legal descriptions of the tracts devised, it's hard to determine who owned what after G died. M conveyed the TIC property to a developer in 1988. There is no further probate, affidavits or deeds from the estate where M was a co-executor other than an assent to devise property in probate per the will - no legals.
While I have fwd'd all info to my client, I am curious as to what you great legal minds think! Thanks!
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