Question
Harry died with a Will leaving all of his estate to Ginny. Following Harry's passing, Ginny executed a Will. The Will was drafted by Ginny's
Harry died with a Will leaving all of his estate to Ginny. Following Harry's passing, Ginny executed a Will. The Will was drafted by Ginny's attorney, executed by Ginny, and witnessed by her friend, Luna Lovegood. The Will left her estate to Harry's godson, Teddy Lupin, as follows:
- One Hundred (100) shares of stock in Gringott's Bank worth $100,000.00 to her brother, Ron Weasley (who is still alive in this fact pattern), as Trustee, on behalf of Harry's godson, Teddy Lupin. This provision further directed Ron to distribute all income to Teddy and so much of the principal as Ron determines to be necessary for Teddy's health, education, maintenance, and support. The trust contains a clause stating: "No beneficiary shall have any right to anticipate, sell, assign, mortgage, pledge, or otherwise dispose of or encumber all or any part of any trust estate established for his or her benefit under this agreement. No part of such trust estate, including income, shall be liable for the debts or obligations of any beneficiary or be subject to attachment, garnishment, execution, creditor's bill, or other legal or equitable process."
- Finally, the Will contained a clause which stated: "Further, upon Teddy's death to such or more of his wife and children, in trust or otherwise, as Teddy appoints by Will, and if Teddy fails to so appoint, to Teddy's living lineal descendants, by representation."
At the time of his death, Teddy was divorced and had two children by his marriage to Rose, a daughter Tonks, and a son Remus. Teddy's Will contained a clause stating: "I appoint all property in the trust created for me in Ginny Potter's Will and over which I hold a power of appointment to my wife, and my children."
Question:
To whom should the executor/personal representative of Teddy's estate distribute his estate? Explain your answer.
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