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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