The court remanded for findings as to the date of the document. Failure of purpose triggers resulting trust. Shortly after the decedent's death, however, the dogs were killed. If the purpose of the trust cannot be performed, the transferee holds the property as a resulting trust for the decedent's estate. Accordingly, the decedent's friend could not retain the unspent funds.
Valid gift is predicate to survivorship rights if one tenant pays all the consideration.
State law abolished the right of survivorship between joint tenants unless the instrument creating the tenancy manifestly shows that the parties intended to create a survivorship interest. Trust may be reformed for unilateral mistake. The court stated that the testamentary aspects of a pour over trust do not require following the well established rule forbidding the reformation of wills. His widow sued his estate seeking a constructive trust of the proceeds on the grounds that the policies were community property. At the time of the decedent's death, state law revoked the designation of an ex-spouse as the beneficiary of any nonprobate asset, including life insurance policies, IRAs and employee benefit plans.