Analytical Principle: A Guide for Lapse Survivorship, Death Without Issue, and the Rule

Authors

Raymond C. O'Brien, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

1988

Abstract

It is the purpose of this article to develop an analytical principle-meaning a logical approach-by which we can predict, explain, and even modify the often absent or bizarre intention of any settlor, donor, or scrivener. This intention includes future interests passing through lapse, express and implied conditions of survivorship, death without issue, and the Rule. These four subjects are treated as constant and yet are among the most complicated non-tax related issues of trusts and estates. Applying an analytical principle to them is meant to offer a concrete basis upon which the scrivener and the settlor can add related issues, ones that interest and complement the four discussed in this article.

Recommended Citation

Raymond C. O'Brien, Analytical Principle: A Guide for Lapse Survivorship, Death Without Issue, and the Rule, 10 GEO. MASON. L. REV. 383 (1988).