Hypo: old man (OM) dies owning a few valuable paintings, a house, and some cash. He has a trust set up to benefit his surviving spouse for life. Remainder to OM’s 3
Kids. Om excepted the valuable paintings from the trust. OM specifically bequests the paintings to his eldest daughter. She sells 2 of the 3 paintings. She then dies before taking possession of 3rd painting (it’s being held by a consignment shop). Does painting go to her surviving spouse or residuary of trust?

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Need more facts and docs, but probably is now asset of daughter’s estate (which could mean her spouse depending on her docs or could mean something else if intestate). Is there a specific clause re possession? My view is that she survived him, so regardless of whether she picked it up from the shop, it was her’s at death as long as there isn’t an unusual clause. Look at survivorship provision and provision re art very carefully.

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