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Wills, Trusts & Estates Keyed to Sterk
Gifford v. Dyer
Citation:
2 R.I. 99, 57 Am.Dec. 708 (1852)Facts
The testatrix’s will, executed on December 4, 1850, bequeathed her property to her brother-in-law, John Dyer, and her two nephews, Jesse and Alexander Dyer. Robin Gifford, her son, was not mentioned in the will. Evidence showed that Robin had been absent for ten years and was presumed dead, with his estate already administered as if he were deceased. The scrivener who drafted the will testified that when asked about not mentioning her son, the testatrix believed he had been dead for years and questioned if it would matter if she excluded him. She considered including his name but ultimately chose not to, believing her grandchildren’s bequests were in lieu of what her son would have received. The testatrix had been living with John Dyer before her death.
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