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Full-Text Articles in Law
Trusts-Descent And Distribution-Wife's Forced Share And An Inter Vivos Trust, Fredric L. Smith
Trusts-Descent And Distribution-Wife's Forced Share And An Inter Vivos Trust, Fredric L. Smith
Michigan Law Review
Settlor had created an inter vivas trust, retaining income for life, right to revoke, and control over the investment. Upon settlor's death, plaintiff, settlor's wife, was to receive income for life, with gift over to settlor's children. Plaintiff elected to take against settlor's will in favor of a statutorily provided distributive share. Upon application for declaratory judgment the trial court declared the trust to be valid, but granted relief to plaintiff as to her distributive share out of the trust assets, and the court of appeals affirmed. On motion to certify, held, reversed. Since the trust is valid, title …
Wills-Construction-Effect Of Precatory Words Relating -To Disposition Of Property On Donee's Death, Donald M. Wilkinson, Jr.
Wills-Construction-Effect Of Precatory Words Relating -To Disposition Of Property On Donee's Death, Donald M. Wilkinson, Jr.
Michigan Law Review
After two bequests, each of an absolute interest in one-third of her property, to a niece and a nephew, testatrix bequeathed the remaining one-third of her estate to her husband " ... to have and to hold subject to the request hereinafter stated. It, however, is my wish and desire and I charge my said husband ... to make disposition ... so that it will not pass to his heirs upon his death, but shall revert, after his death, to my heirs and be distributed to the legatees named in subparagraphs A. and B. of this clause Eighth ... subject, …
Fiduciary Administration-Executors And Administrators-Death Of Widow As Affecting Amount Of Her Allowance, Warren K. Urbom
Fiduciary Administration-Executors And Administrators-Death Of Widow As Affecting Amount Of Her Allowance, Warren K. Urbom
Michigan Law Review
A widow survived her husband by three months and thirteen days. Subsequent to the death of both, appraisers of the husband's estate set off to his widow $750 as her year's allowance. Executrix of the widow's estate filed an exception to the allowance and made application to increase the amount on the ground that the sum given would have been insufficient if the widow had lived the full year. Granting the application, the probate court found that a reasonable allowance based on twelve months would be $5000, The court of appeals reversed, holding that the allowance should be based on …
Quasi-Contracts-Taxation-Rescission Of Gifts Where Gift Fails To Achieve Donor's Purpose Of Minimizing Federal Income Taxes, Charles M. Soller S.Ed., Edwin F. Uhl S. Ed.
Quasi-Contracts-Taxation-Rescission Of Gifts Where Gift Fails To Achieve Donor's Purpose Of Minimizing Federal Income Taxes, Charles M. Soller S.Ed., Edwin F. Uhl S. Ed.
Michigan Law Review
A recent Michigan case, Stone v. Stone, presents problems of complexity and far-reaching importance. The plaintiffs, husband and wife, each owned a one-half interest in a family business partnership, and each apparently reported a proportionate share of the partnership earnings for federal income tax purposes. For the purpose of further reducing taxes on the income of the family unit, each parent transferred a one-quarter interest in the partnership to one of their two minor children, and thereafter each parent and child filed separate income tax returns reporting one-fourth of the partnership earnings as individual income. Each parent, under a …
Witnesses-Dead Man Statutes-Competence Of Spouse Of Party Or Interested Person-Effect Of Divorce, James E. Tobin S.Ed.
Witnesses-Dead Man Statutes-Competence Of Spouse Of Party Or Interested Person-Effect Of Divorce, James E. Tobin S.Ed.
Michigan Law Review
The "Dead Man" statutes, enacted in various forms in almost every state, generally forbid a party or person interested to testify in an action involving a decedent's estate. As is well known, these statutes are the lone survival of the common law rule disqualifying parties and persons interested as witnesses in all actions, a rule which has otherwise been universally repudiated because of the realization that pecuniary interest does not necessarily raise any large probability of falsehood and that, even if it did, the risks of admitting such testimony can easily be minimized and are far outweighed by the advantages …
Wills--Construction-Testamentary Intent, J. R. Swenson
Wills--Construction-Testamentary Intent, J. R. Swenson
Michigan Law Review
In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton …
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-Revocation By Marriage Where Will Makes Nominal Bequest To Each Heir Not Mentioned, Elizabeth Durfee
Wills-Revocation By Marriage Where Will Makes Nominal Bequest To Each Heir Not Mentioned, Elizabeth Durfee
Michigan Law Review
Testatrix provided in her will that she intentionally omitted all of her heirs not specifically mentioned, "intending thereby to disinherit them," and provided further that "any such persons, or heirs, or any devisees or legatees" contesting the will should receive $1.00. She married after making the will, and this is a petition by the surviving husband to determine heirship. He claims an intestate share of the estate by virtue of a statutory provision that marriage revokes a will as to the surviving spouse "unless provision has been made for the spouse by marriage contract, or unless the spouse is provided …
Future Interests-Acceleration Of Vested Remainders Subject To Complete Defeasance, Allen C. Holmes
Future Interests-Acceleration Of Vested Remainders Subject To Complete Defeasance, Allen C. Holmes
Michigan Law Review
In 1938 the defendant, grantor, executed a deed by which she purported to vest a remainder in her son, the plaintiff herein, subject to a life estate in herself and. in her husband should he survive her. The deed further provided that should her son die before the survivor of her husband and herself, then the property was to pass share and share alike to the son's then living heirs. The grantor survived her husband. Shortly after his death she conveyed her life estate to her son for the express purpose of destroying it through merger with the remainder vested …
Powers - Less Than Outright Appointments, H. Marshall Peter
Powers - Less Than Outright Appointments, H. Marshall Peter
Michigan Law Review
The decedent created a voluntary trust, providing for income payments to himself during his life and upon his death to X for her life, and directing the trustee "at her death to pay over and deliver the principal of said trust to whomsoever may be designated by her by Will or other testimentary instrument . . . . " In the event that she failed to make such designation, her descendants, or, if there were none, her heirs were to receive the principal. X in her will gave her husband a life estate and, on his death or remarriage, bequeathed …
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Michigan Law Review
By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …
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 …
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
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 ground that the agreement was not …
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. …