Analysis of James Browns Will

I found James Brown’s will to be very interesting. It starts off pretty basic with a revocation clause that revokes all previous will’s and codicil’s, but what I find most interesting, is his second paragraph where he states that he only has six children when he really has ten. At first I thought it was a mistake until is saw the sentence that read’s “such failure is intentional and not occasioned by accident or mistake”. Although James Brown was a good person I have yet to understand why he chose a select amount of children leaving the rest out and then adding that he intentionally did it.  I also noticed that in item I of his will, he gives his personal and house hold effects to his clamed children in equal shares, and per stirpes to any grandchildren whose parent did not survive him. Meaning that the grandchild would receive the same share their parent would have received. Also in Article I, he states that if his issue does not agree to the split of his personal effects, his personal representative will make the division among them which I think is a really wise way to keep them from fighting. James Brown’s will contains a Pour-Over trust in Item II, and also his residuary clause in which pours over into the trust after the will is executed, so the remainder of his estate will be private because only the grantor and the trustee(s) has access to the principal. As for his trustee(s), instead of selecting one of his many children or a family member, he chose three of his lawyers to act as a trustee. The rest of the item’s in his will are basic items a will contains but I think that Item IX was very clever to add in because it say’s if the will gets probated somewhere else in which any part of the will is inappropriate, instead of striking out the will, just ignore the portions that are invalid or illegal. Brown’s will also include a in terrorem clause which states that if anyone contests his will in probate and loses, they will lose their gift in the will.  I found James Browns will to be very interesting because I saw new things in his will that I have not seen previous. I think him as well as his lawyers was very careful and wise about drafting it. The only thing about his will that left me curious was his intentionally leaving out certain children from inheriting.

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