PHL271 Study Notes Test 1.docx

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19 Apr 2012

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Question: the relation between moral principles and statutory interpretation. Right for an heir to inherit from the grandfather he murdered. Laws of ny will not be construed so as to secure the benefit of a will to a legatee who has killed the testator in order to prevent a revocation of the will. Facts: francis palmer made his will, left small legacies to his two daughters, and the remainder to his grandson, elmer, subject to support his mother susan in case she should outlive francis. Francis entered into an anti-nuptial agreement with new wife bresee and included her so that she would receive support if she outlived him. Elmer poisoned his grandfather because he knew francis was going to change the will, and so did so to ensure his portion. Defence: the testator has died, and had made his will when he was alive. It has been admitted to validation and therefore must have effect according to the law.