Common use of Prior to D’s death Clause in Contracts

Prior to D’s death. D owned all the preferred stock of Corporation Y. The preferred stock and the common stock each carried 50 percent of the total voting power of Y. D’s children owned 40 percent of the common stock and unrelated parties own the remaining 60 percent. Under the corporate by-laws, the voting rights of the preferred stock terminate on D’s death. Section 2704(a) does not apply to the lapse of D’s voting rights because members of D’s family do not control Y after the lapse.

Prior to D’s death. D owned all the preferred stock of Corporation Y. The preferred stock and the common stock each carried 50 percent of the total voting power of Y. D’s children owned 40 percent of the common stock and unrelated parties own the remaining 60 percent. Under the corporate by-laws, the voting rights of the preferred stock terminate on D’s death. Section 2704(a) does not apply to the lapse of D’s voting rights because members of D’s family do not control Y after the lapse.. 699