Dawson v. Yucus

The Facts

• T died in May 1965
• T devised her interest in late H’s farm to 2 nephews on H’s side of family

Procedural History

• Wilson conveyed his interest in Burtle’s share to Burtle’s children
• TC found there was no class gift

The Issue

Whether the gift to nephews Wilson and Burtle was a class gift, in which case the surviving nephew Wilson, would take Burtle’s share

The Rule

• A class gift is an aggregate sum to a body of persons uncertain in number at the time of the gift, to be ascertained at a future time, and who are all to take in equal or some other definite proportions, the share of each being dependent for its amount on the ultimate number of persons.

The Holding/Disposition

• No, affirmed

Court’s Reasoning

• Gift to 2 named individuals, not a group of unascertainable people
• If T had wanted to create a survivorship contingency for this gift (as she did in other bequests) , she could have
• The phrase “my late husband’s side” is not specific enough to create a class

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