(1) Apartment building or any other rental property I might own at death to daughter Martha Washington Huntington a.

If daughter predeceases testator i. Doctrine of lapse ii. Anti-lapse statutes her issue would get property (if no issue then back to residuary) 1. if no anti-lapse statute (CL) goes to residuary (2) Beach house left to sister, if she survives T, with a provision that any mortgages/liens should be satisfied. a. What happens if there is a mortgage on the apt bldg? Exoneration it would be paid off out of the residue b. What if she doesnt survive the testator? Under the majority, CL rule, then it lapses and goes to the residue of the estate. The survivorship language precludes the operation of the anti-lapse statute. Even under the upc, then anti-lapse statute might not apply c. What if the testator sold the beach house? What if we were in a NEW UPC jurisdiction and the beach house were sold? Intent theory applied shell get the value of the beach house sold or replacement property i. Under CL ademption by extinction and she would get nothing (3) Ts mahogany desk to TJ, if he survives T. If he doesnt survive, then the desk lapses. Anti-lapse statute doesnt matter because it is a friend, not a relative (would go to the residuary) a. New upc and tj is survived by oodles of issue, by multiple partners, and tj is dead i. To override the anti-lapse statute, it needs to be to a blood relative. Since he is just a friend, you cannot defeat it (4) T leaves 2k to the secretary, to be satisfied out of the proceeds of Ts library a. What happens if the library generates 10k? Secretary still only gets 2k. b. If the library only generates $500? Then the secretary gets the other 1500 from the residue c. What if there is abatement? Then it will abate as a general devise. (5) What about the memorandum left in the study? It cant be incorporated by reference because it wasnt in existence before the will is executed. Under the new UPC, to be admissible, the writing only has to be written before and signed. (6) Why the bequest of $300,000 to the wife in article FOURTH when the wife also was getting the residue? a. Residue is the first to abate in case of insufficient funds i. General legacies have priority over the residue