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Articles 1 - 12 of 12
Full-Text Articles in Law
Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed.
Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed.
Michigan Law Review
The County Court, disregarding the statutory order of preference, appointed a disinterested third party administrator with the will annexed because of the conflict of interest between the grandchildren who were entitled to the appointment under the statute and the creditors. The grandchildren as heirs of the devisees in decedent's will claimed that the creditors' claims were barred by the laches of the former administrator, their nominee. The circuit court decided that the statute was mandatory and ordered the appointment of the grandchildren. The creditors appeal. Held, reversed. The original appointment by the county court of a disinterested person will …
Taxation--Estate Tax--Transfers Taking Effect At Death--Hallock Doctrine, John W. Riehm
Taxation--Estate Tax--Transfers Taking Effect At Death--Hallock Doctrine, John W. Riehm
Michigan Law Review
In 1925 and 1926 decedent and his wife created two trusts, decedent contributing 80 per cent, and his wife 20 per cent. Each trust provided for income to the wife during decedent's life, and on his death income was to be divided between the wife and a daughter or go to the survivor for life. On the death. of the survivor of the wife and daughter the corpus was to be distributed "According to the Statutes of descent and distribution of the State of Ohio, to the heirs at law of [decedent] and [wife], providing the heirs of [decedent] and …
Wills--Specific Bequest Of Capital Stock--Disposition Of Stock Dividends Declared Before Testator's Death, E. M. Deal
Wills--Specific Bequest Of Capital Stock--Disposition Of Stock Dividends Declared Before Testator's Death, E. M. Deal
Michigan Law Review
In her will, testatrix made several specific gifts to Miss Dorothy Spencer, including "20 shares of stock of the Times-Picayune Publishing Company," the extent of her holding at the time the will was executed. Later, the company declared a 100 per cent stock dividend and issued testatrix a certificate for an additional 20 shares. When she died, testatrix had in her possession certificates for 40 shares of the corporation's stock. Ten legatees objected to a provisional account filed by her executor which listed the 40 shares as belonging to Dorothy Spencer, claiming that the additional shares should be converted into …
Wills-Pretermitted Heir Statute-Incorporation By Reference, Shubrick T. Kothe
Wills-Pretermitted Heir Statute-Incorporation By Reference, Shubrick T. Kothe
Michigan Law Review
Plaintiff, adopted daughter of Mr. and Mrs. Burdick, deceased, left them some years before their deaths. Mr. Burdick provided in his will that plaintiff was to get two legacies, and Mrs. Burdick, who died after her husband, did not specifically mention plaintiff, but provided that the residue of her estate should be distributed as provided in her husband's will. She subsequently revoked this provision by a codicil which gave the residue to one Langley. Plaintiff claimed a share of the estate under the Arkansas "pretermitted child" statute. Held, Mrs. Burdick's reference to her husband's will incorporated it into her …
Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.
Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.
Michigan Law Review
Testator devised one half of the income from an undivided one-third interest in certain real estate to the defendant, his wife, and provided that on her death the undivided one-third interest was to go to his brother and sister, plaintiffs here, if living, otherwise to his children in a certain named order if living. The defendant, testator's widow, elected to take her statutory share against the will, and the county court decreed her a one-half interest in the undivided one third, the other one-half interest going to the plaintiffs. Plaintiffs, also having title to the other two thirds of the …
Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs
Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs
Michigan Law Review
Defendant and testator were partners. Upon the death of the testator leaving a widow and children, defendant was named executor under the will with power to manage, control or sell any of the property in the estate. The testator's children's share vested in defendant as trustee under the will. Thereafter, defendant formed a corporation to which he transferred the partnership property. Equal amounts of stock therein were issued to himself individually, and to himself in his fiduciary capacity for the widow and children; a number of shares were issued to a third party who had a contingent interest under the …
Co-Tenancy-Conveyance By Grantor To Himself And Another, Shubrick T. Kothe
Co-Tenancy-Conveyance By Grantor To Himself And Another, Shubrick T. Kothe
Michigan Law Review
Decedent, owning land and personal property thereon, executed a deed purporting to convey to herself and her son a life estate in the property "as joint tenants during their joint lives and an absolute fee forever in the remainder to the survivor of them. . . " Held, the deed created a tenancy in common in both of them during their lives and an estate in fee to the survivor. Hass v. Hass, (Wis. 1946) 21 N.W. (2d) 398.
Future Interests-Power Of Termination-Restraint On Alienation- Merger Of The Power Of Termination With The Fee Simple Subject To A Condition Subsequent, Neil Mckay S.Ed.
Future Interests-Power Of Termination-Restraint On Alienation- Merger Of The Power Of Termination With The Fee Simple Subject To A Condition Subsequent, Neil Mckay S.Ed.
Michigan Law Review
A conveyed two tracts of land to B, her daughter, by two deeds, reserving a life estate in each tract and restraining, by condition subsequent, alienation of them in any manner, for five years in one deed, and for twelve years in the second. In less than five years and before the restrictions were violated, A died and B was adjudged her sole and only heir at law. Thereafter B conveyed the land by quit claim deed to the defendant, her husband. B died a month later, leaving a will, by which she devised and bequeathed all her property …
Charities-Words Necessary To Create A Valid Trust For Charitable Purposes, John S. Dobson S.Ed.
Charities-Words Necessary To Create A Valid Trust For Charitable Purposes, John S. Dobson S.Ed.
Michigan Law Review
Testatrix left a will in which she directed her executor, after paying certain specific bequests, to give the residue of her estate "to some worthy cause or institution." From a decree rejecting the contention of decedent's next of kin that this residuary gift was void for indefiniteness, the next of kin appeal, arguing that the word "worthy" is not synonymous with "charitable," and that, in view of this, the bequest should fail for uncertainty, because testatrix did not specify the particular institution which was to receive the benefit of her bounty. Held, the bequest is valid. This court feels …
Trusts And Estates-Trends In The Law: 1941-1945 (A Service For Returning Veterans), Lewis M. Simes
Trusts And Estates-Trends In The Law: 1941-1945 (A Service For Returning Veterans), Lewis M. Simes
Michigan Law Review
In every generation there are some judicial decisions so revolutionary that any summary of developments in the law, regardless of its author or of its brevity, would include them. Such cases as Erie Railroad v. Tompkins and Williams v. North Carolina will fall into this category no matter who lines up the materials. But such avulsive changes rarely if ever occur in the law of Trusts and Estates; and it is anybody's guess to determine the significant aspects of the day-to-day accretions which actually take place. Thus, the writer has no illusions that he is singling out the trends as …
Descent And Distribution--Illegitimate--Inheritance Through Father From Collateral Kindred Of Father--Indiana Statute, Joseph N. Morency, Jr.
Descent And Distribution--Illegitimate--Inheritance Through Father From Collateral Kindred Of Father--Indiana Statute, Joseph N. Morency, Jr.
Michigan Law Review
Appeal by illegitimate from an adverse ruling in the trial court, presenting the question whether an illegitimate son, acknowledged by his father, can inherit a share of the estate of the father's sister who survived the father. Held, reversing the Appellate Court, although the statute grants to an acknowledged illegitimate the right to inherit from his father in the event that no legitimate children nor descendants of legitimate children survive the father, an illegitimate cannot inherit through his father from the father's sister. Phillips v. Townsend, (Ind. 1945) 62 N.E. (2d) 860.
The Function Of Will Contests, Lewis M. Simes
The Function Of Will Contests, Lewis M. Simes
Michigan Law Review
To anyone steeped in the doctrines of the common law there is something anomalous about the will contest. First, the will is duly admitted to probate in a proceeding which is almost universally conceded to be judicial. Then at a subsequent time a so-called contest is brought by the heir, in which the precise proposition determined on the probate is retried. In most jurisdictions the heir is not bound to make any sort of a showing to entitle him to contest. He need not allege newly discovered evidence. He need not submit any evidence of · fraud or mistake. Indeed, …