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Articles 1 - 11 of 11
Full-Text Articles in Law
Probate And Administration On The American Frontier: A Study Of The Probate Records Of Wayne County- Northwest Territory 1796-1803; Indiana Territory 1803-1805; Michigan Territory 1805-1816, William Wirt Blume
Michigan Law Review
As late as 1815 there was only one county in Michigan Territory- Wayne County- made up of parts of the territory to which the Indian titles had been extinguished. As other counties were organized beginning in 1817, Wayne County was reduced to its present size. A law adopted July 27, 1818, provided that a probate court should be held in each county. By a proclamation dated October 2, 1818, Acting Governor Woodbridge declared it was "no longer expedient to continue the present subdivisions of this territory into districts" for probate purposes; instead, each county should be "a separate District and …
Constitutional Law - Due Process - Retroactive Application Of Uniform Principal And Income Act, Thomas E. Kauper S.Ed.
Constitutional Law - Due Process - Retroactive Application Of Uniform Principal And Income Act, Thomas E. Kauper S.Ed.
Michigan Law Review
The trustee of a trust created prior to the 1957 enactment of the Uniform Principal and Income Act petitioned for instructions as to whether a stock dividend received by it subsequent to the passage of the act should be allocated to principal or income. The Uniform Act provides a rule for the treatment of stock dividends contrary to the judicial rule previously adopted in Wisconsin, and is expressly made applicable to trusts existing on its date of enactment. The county court, finding the act could not be constitutionally applied to trusts created prior to its enactment, ordered the allocation of …
Mortgages - Contribution - Right Of Surviving Tenant By The Entirety To Contribution For Joint Mortgage Debt, Stevan Uzelac S.Ed.
Mortgages - Contribution - Right Of Surviving Tenant By The Entirety To Contribution For Joint Mortgage Debt, Stevan Uzelac S.Ed.
Michigan Law Review
Decedent and his wife held title to certain land as tenants by the entirety. Shortly before decedent's death they jointly incurred an indebtedness of $8000 secured by a mortgage on such land. The proceeds of the loan were used to improve the mortgaged property. After decedent's death his widow, having succeeded to full ownership of the mortgaged land, claimed that she was entitled to contribution from decedent's estate for one-half of the joint mortgage debt upon the property. On the executors' petition for a final distribution decree the lower court denied the widow's right to contribution from the estate. On …
Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii
Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii
Michigan Law Review
The comment will deal first with three topics, (1) donor's rights against the donee or mistaken transferee, (2) donee's rights against the donor, and (3) rights of an intended donee against the mistaken transferee. This will be followed by a discussion of the problem which arises when the relative rights of more than two parties are involved.
Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller
Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller
Michigan Law Review
Decedent and his first wife executed reciprocal wills pursuant to a contract appearing on the face of the instruments. Each gave the other a life estate, with remainders to substantially identical beneficiaries. After his first wife's death, decedent remarried and in an antenuptial contract agreed to bequeath a sum of money to his second wife in lieu of all her claims against his estate. The second wife had actual notice of the prior agreement at the time of their marriage. Decedent then executed a new will which expressly revoked all prior wills, confirmed the terms of the antenuptial contract, and …
Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson
Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson
Michigan Law Review
A mother, desiring to divide real property among five children, conveyed two of five shares by separate deeds to her daughter, Edith. Although no instructions were written, it was intended that Edith hold one share for her brother, John, who was mentally ill. Edith had no knowledge of the deed to this share at the time, as it was held by another brother, although the deed of her share was delivered to her. It does not appear when Edith first learned of the deed or the trust. When John died she was told of the deed by her other brother, …
Trusts - The Fiduciary Aspects Of Estate Corporations, John P. Williams S.Ed.
Trusts - The Fiduciary Aspects Of Estate Corporations, John P. Williams S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the existing law with regard to estate corporations, in the hope of providing a guide for persons contemplating contact with them.
Taxation - Federal Estate Tax - Incidence Of Tax Determined By Testamentary Directive, Robert A. Smith
Taxation - Federal Estate Tax - Incidence Of Tax Determined By Testamentary Directive, Robert A. Smith
Michigan Law Review
An inter vivas trust created by testator and property held jointly with his wife were included in his gross estate in computing the federal estate tax.1Testator left his residuary estate to charity and directed in his will that the estate tax on the above inter vivas transfers be borne by the property so transferred. The government determined that the estate tax was payable out of the residue and reduced the charitable deduction by the amount of the estate tax attributable to the inter vivas transfers pursuant to section 812(d) of the 1939 Internal Revenue Code. The district court granted the …
Trusts - Construction - Distinction Between "Stock Dividends" And "Stock Spit" For Allocation Purposes, Roger W. Findley S.Ed.
Trusts - Construction - Distinction Between "Stock Dividends" And "Stock Spit" For Allocation Purposes, Roger W. Findley S.Ed.
Michigan Law Review
In 1918 a settlor created two identical trusts, the corpus of each consisting of 300 shares of General Electric no-par common stock. The income was to go to life beneficiaries, and at their deaths the principal was to revert to the settlor or his residuary estate. The trust instrument directed the trustee to transfer to the settlor or his executor, "free of all trusts hereby created, any and all stock dividends .... " In 1954 the corpus of each trust included 1200 shares of G.E. no-par stock with a stated value of $6.25 per share, there having been two stock …
Trusts - Resulting And Constructive Trusts - Rights Of Third-Party Donee To Enforce Oral Trust Of Land, Lawrence E. Blades
Trusts - Resulting And Constructive Trusts - Rights Of Third-Party Donee To Enforce Oral Trust Of Land, Lawrence E. Blades
Michigan Law Review
Plaintiff alleged that her husband, having paid the purchase price on land intended as a: gift for her, caused title to be taken in the name of defendant to hold as trustee. There was, however, no written evidence to support these contentions. Plaintiff further alleged that she took possession and made valuable permanent improvements on the land with the approval of both her husband and defendant. One year after the husband's death and three years after plaintiff's entrance, defendant filed suit for possession. In the present action to enjoin that suit and to establish her ownership, the lower court held …
Trusts - Spendthrift Trusts - Deviation From Trust Terms On The Basis Of Unforeseen Emotional Emergencies, Robert J. Paley
Trusts - Spendthrift Trusts - Deviation From Trust Terms On The Basis Of Unforeseen Emotional Emergencies, Robert J. Paley
Michigan Law Review
Plaintiff and her son were the principal beneficiaries of a testamentary spendthrift trust which had been created by plaintiff's husband. The son, Montgomery Ward Thorne, was found dead under unusual circumstances. His will left a portion of his interest in the trust to his fiancée and her mother. A contest over the son's will developed between plaintiff and the designated beneficiaries in the will which caused intense bitterness between the parties. A compromise agreement was entered into, and plaintiff brought suit to obtain (1) court approval of the will contest settlement and (2) a direction to defendant trustee to invade …