Specific legacy, Residuary legacy and General legacy

 

Which disposition category does each gift belong in (Specific devise, Specific legacy, Residuary legacy, General legacy, or Demonstrative legacy)?
After his death, Emmett’s expenses, debts, and taxes amount to $50,000 and none of his assets pass outside his will as intestate property. Explain how Emmett’s testamentary gifts are used to pay his obligations according to the abatement process.
If William dies before Emmett and no successor beneficiary is named to receive the Toyota before Emmett dies, what happens to this gift and how does it abate?
If the law in Emmett’s domiciliary state “abates” a decedent’s property within each disposition category and uses the property for payment of debts on a prorated basis, how much, if any, of the specific legacies does each beneficiary get to keep after the $50,000 obligation is paid? See Matter of Estate of Wales, 223 Mont. 515, 727 P.2d 536 (1986)
Your assignment should be submitted in a Microsoft Word document and be properly formatted in APA, with a title page and reference list (these do not count towards the page requirement).

Scenario: Saul Rodriguez, a bachelor, makes the following testamentary gifts:

a house valued at $120,000 to his best friend, Amy Thomas
furniture and household appliances worth $9,000 to Amy
a television and stereo system worth $3,000 to his nephew, Noah Rodriguez
a Toyota Camry worth $20,000 to his only brother, John Rodriguez
a gift of $12,000 to his sister-in-law, Nancy Rodriguez, to be paid out of his savings account in Metro State Bank in his hometown
a gift of $6,000 to his church
and a residue gift of his remaining property, which is all personal property worth $24,000, to the United Way.

 

Sample Solution

Emmett Tomas, a bachelor, makes the following testamentary gifts: a house valued at $110,000 to his best friend, Roxanne Rudin; furniture and household appliances worth $8,000 to Roxanne; a television and stereo system worth $2,500 to his nephew, Roland.Tomas; a Toyota Camry worth $15,000 to his only brother, William Tomas; a gift of $10,000 to his sister-in-law, Sally Tomas, to be paid out of his savings account in Metro State Bank in his hometown; a gift of $5,000 to his church; and a residue gift of his remaining property, which is all personal property worth $22,000, to the American Cancer

cy of the global financial crash;
• The construction of ‘good’ and ‘bad’ consumerism;
• In-borough inequality – with regards to income and resources;
• The competition for borough resources by participants – chiefly private housing;
• The construction of deviance – from criminal deviance to ‘cronyism’;
• Participant’s self-defined ‘liberalism’;
• Participant’s reported narrow engagement with public sector services & local issues

I selected the central theme of imagining the economic as one which would allow me to explore the central phenomenon of the legacy of the global financial crash through the lens of the remaining six themes. The data set included participants employed in both private sector and public sector making this a potentially rich set of cases to draw from.

I poised the research questions:
• how recession is factored into participant’s description of the present and projection of the future;
• can participant’s attitudes to austerity policies be gauged through the transcripts.

I had a number of hypotheses or hunches:
• That respondents’ language has traces of the public discourse of austerity and/ ‘big society’.
• That respondents who report being more financially secure may reference wealth inequality in the borough less
• That respondents see local council provision as not for them, comparative to their consideration of other residents in the borough
• That deviance might be associated, though not exclusively, with certain forms of consumerism

On a second read I open coded the text before grouping codes under parent nodes. Corbin and Strauss call this stage ‘the process of breaking down, examining, comparing, conceptualising and categorising data’ (Strauss and. Corbin 1990:61). At this stage I tried to code a number as from participant’s own wording (‘invivo’) – to remain as close to the text as possible, in line with a grounded approach. A number of codes were later grouped under the ‘priori’ code of deviance one with an antecedent sociological theoretical framework. My coding framework shifted throughout the iterative process between coding and analysis to settle on a coding framework.

Grounded theory is characterised by the risk of data fragmentation. To mitigate against this I coded chunks of text (typically full participant answers) rather than partial text. I further formed a grid to account for participants coded answers under different nodes to prevent decontextualisation from their overall interview and Excel demographic data.

When coding I used the two techniques Strauss & Corbin refer to as the ‘mainstay of an

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