This article sets forth a clear, principled analysis by which many of the problems in will construction can be alleviated. Such an analysis requires appropriate consideration of the testator's intent, his freedom to create conditions in the will, and the relationship between the two. Under this type of analysis, the result is not dictated by the nature of the employment. However, the type of employment has some influence on the result, since it has some bearing on the testator's intent. As is so often the case concerning written legal documents, the problems can be virtually eliminated by drafting with an awareness of the pitfalls and clearly stating the testator's intent as to how those pitfalls are to be avoided.
Jean Fleming Powers,
Testamentary Designations of Attorneys and Other Employees, 20 Golden Gate U. L. Rev.