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29 Quinnipiac Prob. L.J. 310 (2015-2016)
What Ghost up Must Come down: The Highs and Lows of Psychic Mediums in Probate Law

handle is hein.journals/qplj29 and id is 336 raw text is: QUINNIPIAC PROBATE LAW JOURNAL VOLUME 29 2016 ISSUE 3 WHAT GHOST UP MUST COME DowN: THE HIGHS AND Lows OF PSYCHIC MEDIUMS IN PROBATE LAW C. LILY SCHURRA* I. An Introduction to a Supernatural Legal Concept Beyond broad contemplations of the significance of life and death is a troubling thought: if life does not end at death, what does this mean for the purposes of the law? So much of estate law is centered on the concept that life ceases both literally and legally at death-the law's struggle with the controlling dead hand is but one example of this idea.' As Thomas Jefferson once stated in a letter to James Madison, [t]he earth belongs in usufruct to the living; the dead neither have powers nor rights over it. The portion occupied by any individual ceases to be his when he himself ceases to be....2 Many probate disputes concern the intent of the deceased regarding the distribution of property. This Note examines the importance of testator intent together with the notion that life can extend beyond death. Notwithstanding traditional notions such as those of Thomas Jefferson, this Note explores nontraditional methods of determining testator intent, particularly the use of psychic mediums to more aptly devise a testator's property. A psychic is [a] person who is regarded as particularly susceptible to supernatural or paranormal influence; a medium; a * Quinnipiac University School of Law, J.D. Candidate 2016. Thank you to the Quinnipiac Probate Law Journal Executive Board and Staff for their dedication to the success of this Note. A special thank you to Professors Jeffrey Cooper and Kevin Barry for their guidance and support throughout the writing and editing process. i JESSE DUKEMINIER, ROBERT H. SITKOFF & JAMES LINDGREN, WILLS, TRUSTS, AND ESTATES 27 (9th ed. 2013). 2 Id. at 1 (quoting THOMAS JEFFERSON, 7 JEFFERSON'S WORKS 454 (Monticello ed. 1904)).

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