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Full-Text Articles in Law
Wills-Integration, Robert L. Sandblom S.Ed.
Wills-Integration, Robert L. Sandblom S.Ed.
Michigan Law Review
The requirement of formal attestation in the English Statute of Frauds of 1678 and the Statute of Wills of 1837 gave rise for the first time to the necessity of placing all testamentary dispositions in a single document. Prior to these statutes, all that had been necessary was that wills be in writing and exhibit the testamentary intent of the author. Therefore, plural writings, however inconsistent or fragmentary they might have been, were necessarily parts of the will to be given effect. No rules for integration were needed under such loose requirements of execution. Attestation under the Statute of Frauds …
Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed.
Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed.
Michigan Law Review
A conveyance was made of real property impressed with an oral trust unenforceable because of the statute of frauds requiring trusts of interests in land to be in writing. The land was later sold and the plaintiff as beneficiary of the parol trust sought to reach the proceeds of the sale. Held, the statute of frauds does not apply to personal property. Therefore the oral trust may be impressed upon the proceeds even though it could not have been enforced while the trust res remained realty. Simpson v. Clark, (Mass. 1944) 55 N.E. (2d) 10.
Wills - Joint And Mutual Wills - Contracts To Bequeath And Devise - Statute Of Frauds, Charles J. O'Laughlin
Wills - Joint And Mutual Wills - Contracts To Bequeath And Devise - Statute Of Frauds, Charles J. O'Laughlin
Michigan Law Review
The husband and wife made joint and mutual wills, each giving to the survivor a life interest in his or her separate property with the remainder to their foster daughter, the plaintiff. The wife died first, but the husband destroyed the entire will, and took possession of all the wife's property. The husband then died intestate, and plaintiff brought suit against the heirs to enforce the dispositions made by the joint and mutual will. Plaintiff introduced evidence to show that the will was the product of a contract, and therefore irrevocable. Defendant objected on the grounds that the agreement was …