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Wills Trusts & Estates keyed to Dukeminier
Jackson v. Schultz
Facts
Leonard and Bessie Bullock married in 1918. Bessie Bullock had three children from a prior marriage. When Leonard Bullock died, he devised his property to, “my beloved wife, Bessie H. Bullock, all my property real, personal and mixed wheresoever situate…………….,to her and her heirs and assigns forever.” Bessie Bullock died before her husband, but the anti-lapse statute did not apply because it only covered lineal descendants of a testator. Bessie Bullock’s children sold the property under the will to a third party because even though their mother died before their father, the children believed the gift to them was a valid substitute gift for their mother’s gift. The third party and Bessie Bullock’s children entered into litigation to determine who had marketable title to the property.
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