In re Estate of Fay

Citations

• 3 Coffey 270

Syllabus

<p>Community Property.—The Declarations of a Person Since Deceased are admissible to show that his estate is community property.</p> <p>Community Property—Intermingling of Funds.—Separate property intermingled with community property so that its identity is lost becomes itself a part of the community estate.</p> <p>Trust—When Expires—Parol Evidence.—The trust in this ease expired twenty-five years after the execution of the will, which bears date May 25, 1859. This being the plain language of the will, it cannot be changed by parol evidence.</p> <p>Trust—When Void as Creating Perpetuity.—The trust which the testator attempted to create in this ease is void as offending the rule against perpetuity.</p> <p>Will—When Void for Uncertainty.—If the intent of a testator in reference to a particular gift cannot be ’deduced from the face of the will, the gift fails and there is a partial intestacy as to the subject matter thereof.</p>