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1919

Wills

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Full-Text Articles in Law

Wills - Revocation By Judicial Legislation, Edwin C. Goddard Jan 1919

Wills - Revocation By Judicial Legislation, Edwin C. Goddard

Articles

Wills and their revocation as we know them are peculiarly the result of the actions and reactions of our common and statute law. We are sufficiently familiar with statutes, declaratory of the common law, in derogation thereof, and creating entirely new principles of law. We also know law the result of no legislative act. Whatever may or may not be admitted about court-made law, we see the undoubted fact that the great body of our law is the outgrowth of decisions applying to new conditions principles of law found in analogous cases, whereby the common law is able to adapt …


Alienation Of Contingent Remainders, Ralph W. Aigler Jan 1919

Alienation Of Contingent Remainders, Ralph W. Aigler

Articles

The recent case of Bisby v. Walker, 169 N. W. 467, decided by the Supreme Court of Iowa November 23, 1918, is an interesting instance of an all too common lack of appreciation and understanding of the very fundamentals of property law. Under the will of her grandfather B became entitled to a contingent remainder (at least the court treated it as such) in certain lands; the contingency upon which her taking depended was her being one of the surviving children of her mother at the time of the death of the life tenant, the testator's widow. During the continuance …