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Moss v. Axford

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Bloomberg Law

Citation. 246 Mich. 288, 224 N.W. 425 (1929)

Brief Fact Summary. Testator made a will devising in trust the remainder of her estate to an individual who was to determine who the beneficiary would be. Plaintiffs are heirs of the testator and contend that this is an invalid attempt to cerate an express trust.

Synopsis of Rule of Law. A trust will not be held invalid on the grounds that the trustee is given discretion in determining the designation of a beneficiary.


Facts. Testator made a will devising the remainder of her estate to Henry W. Axford “with the instructions to pay the same to the person who has given me the best care in my declining years and who in his opinion is the most worthy of my said property.” Plaintiffs are sisters of the testator and claim that the clause in the will is an invalid attempt to create an express trust because there is no beneficiary named or clearly defined on the face of the will.

Issue. Whether the clause conferred on Axford unrestrained discretion or right of personal opinion in the designation of a beneficiary, thus creating an invalid trust?

Content Type: Brief


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