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University Entitled to Both Bequest And Retirement Account On Death of Donor

University Entitled to Both Bequest And Retirement Account On Death of Donor

University Entitled to Both Bequest And Retirement Account On Death of Donor

Court says pension fund is non-testamentary asset that passes separately by designation outside the will
Clemson University has been awarded both a $100,000 bequest and a $100,000 retirement account beneficiary designation on the death of a donor seeking to endow a scholarship fund. The Court of Appeals of South Carolina has affirmed a trial court decision denying a claim by the donor’s estate that she intended to make only a single $100,000 gift. ( Estate of Gill v. Clemson University Foundation, Ct. of App. S.C., No. 4951, 3/7/12 .)

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