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Trusts - Honorary Trust - Authority Of A Successor Trustee, Reed T. Phalan
Trusts - Honorary Trust - Authority Of A Successor Trustee, Reed T. Phalan
Michigan Law Review
Paragraph 24 of testatrix' will gave to the executor and trustee, appointed under the will, $10,000 ''to be used by him to place a memorial window, or some other memorials, to cost any sum in his discretion up to the sum of One thousand Dollars, in Christ Church Cathedral, at St. Louis, Mo., and to place monuments and markers in my family subdivision of the Clark and Glasgow plot in the Bellefontaine Cemetery, at St. Louis, Mo." Soon after testatrix' death the trustee died. A successor trustee was appointed and by special order of the court was authorized to administer …
Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston
Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston
Michigan Law Review
Testatrix died in March, 1935 leaving 5,471 shares of N corporation stock in two trusts with directions that a portion of the income therefrom should be paid to her son during his life with remainder over to another. At the time of testatrix' death the N corporation had a large surplus, and had been paying regular quarterly dividends from current income. From April, 1935 to December, 1937 these quarterly dividends were continued at one dollar per share less than was customary, but because of business conditions they were paid partly from the surplus which had accumulated prior to the death …
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Michigan Law Review
After decedent's wife died, claimants, her mother and sister, at the request of the decedent, broke up their home and came to live with him, to keep house for him and to care for his children. These services continued for ten years, at which time the decedent gave claimants his promissory notes aggregating $2,000. They entered these notes as claims against his estate. Held, the claimants' services, even if rendered gratuitously, were performed at the decedent's request and raised a moral obligation which was sufficient consideration for the notes. In re Schoenkerman's Estate, (Wis. 1940) 294 N. W. …
Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder
Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder
Michigan Law Review
A glance at any authoritative encyclopedia will confirm the fact that annuity transactions of one sort or another have existed since earliest civilized times. It was not until 1762, however, that the first insurance company of the world was established; at that time began the issuance of annuity contracts similar to our modem contracts. The popularity of such contracts has increased and decreased at various periods in Great Britain. But in the United States, they have assumed importance only since the beginning of this century and have attained a relatively widespread popularity only since the years of prosperity in the …
Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead
Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead
Michigan Law Review
Plaintiff sued for loss of her right of consortium occasioned by the illness and death of her husband as a result of a sale of liquor by defendant in violation of a state statute. Defendant demurred on the ground that there was no cause of action granted by the statute for damages flowing from such an illegal sale. Held, an action for injury to the wife's right of consortium was available at common law. Swanson v. Ball, (S. D. 1940) 290 N. W. 482.
Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom
Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom
Michigan Law Review
Testator devised properties to trustees to provide his wife and son with an income for life. The will directed that upon the death of the survivor the corpus should be distributed to testator's grandchildren. A later codicil changed the will by providing that the trust principal and undistributed earnings left at the death of the survivor of the life tenants should be payable to the grandchildren when they should reach the age of thirty-five years. No provision was made for the continuance of the trust after the death of the life beneficiaries. Upon the death of the life beneficiaries, an …
Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review
Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review
Michigan Law Review
Plaintiff, a bank employee and personal friend of the testatrix, rendered to her and her late husband frequent and considerable services in connection with the management of their property. He received no compensation for these services, but both wife and husband indicated that he was to be compensated in the will of the survivor of the couple. There was evidence that the amount of such compensation was to be as much as $12,000. Actually, plaintiff received about $3,000 by the wife's will. It was not indicated in the will whether or not the legacy was intended to satisfy the indebtedness. …
Damages For Shortened Life, Francis X. Conway
Damages For Shortened Life, Francis X. Conway
Fordham Law Review
No abstract provided.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Michigan Law Review
Appellant, administrator of the deceased's estate, sued the defendant for damages caused by its negligent failure to accept or reject deceased's application for life insurance within a reasonable time. A deposit had been made on the premium, and, but for the delay, the policy would have been approved and the deceased covered by it at the time of his death. The jury returned a verdict for the appellant, who appealed when the judge rendered judgment non obstante veredicto in favor of appellee. Held, that the insurance company was under no duty to accept or reject the application within a …