Richard F. Storrow has made available his article, The Secret Life of Testamentary Schemes, published in the Drake Law Review, Vol. 68, No. 1, 2020. The Abstract is as follows:
The testamentary scheme, a poorly understood interpretative tool used by courts to determine the meaning of a will’s dispositive provisions, is insufficiently theorized in both case law and scholarly commentary. Based on a painstaking study of testamentary schemes in context, in this article I raise and defend three propositions: (1) a testamentary scheme is a dominant purpose that is intrinsic to the will; (2) a testamentary scheme is most appropriately used (a) to bring plain language into sharper focus or (b) to fill omissions in dispositive provisions; and (3) if a testamentary scheme can do either (2)(a) or (2)(b), there is no need to resort to evidentiary presumptions.
To see full article click: The Secret Life of Testamentary Schemes by Richard F. Storrow
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.