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The Winds Of Change In Wills, Trusts, And Estate Planning Law, The Editor
The Winds Of Change In Wills, Trusts, And Estate Planning Law, The Editor
Vanderbilt Law Review
The articles in this Symposium illustrate three different aspects of change. The essay by Professor Fellows provides an analysis and criticism of one very important change, the trend toward the use of a legislative rather than judicial forum to create new law. In the second article, Professor Rein discusses adoption and proposes a mechanism by which the laws of succession can be modernized better to reflect the social phenomenon of adoption,whether of children or adults, legal or equitable. Professor Miller and Mr. Rainey in their article examine the premises that have prompted the increasing use of a revocable trust rather …
Book Review, Neill H. Alford, Jr.
Book Review, Neill H. Alford, Jr.
Vanderbilt Law Review
For the decade 1960-1970, any available prize for the most stimulating product of interest to estate planners by an individual writer certainly should go to Dean Thomas L. Shaffer' for "Death, Property, and Lawyers." This is an imaginative and stimulating book. A practicing lawyer who gives close attention to Dean Shaffer's work should be aided in evaluating his relationships with his estate planning clients. Even if this lawyer cannot be brought to a detailed evaluation, he at least will be brought to the threshold of introspection. Dean Shaffer does not attempt to unravel the whole "psychological story" in estate planning; …
Income Tax Deductions For Estate Planning Fees, Stephen E. Gihuley
Income Tax Deductions For Estate Planning Fees, Stephen E. Gihuley
Vanderbilt Law Review
The need to engage the services of a lawyer may arise in a variety of situations, and the possibility of deducting the fees for a lawyer's services from the client's personal taxable income will ultimately depend on which one of several competing policies of the tax law is properly applicable under the particular circumstances. Taxpayers and their attorneys should be aware of the deductibility of expenses incurred for legal services rendered in connection with the planning of the taxpayer's estate. Such estate planning services include the drafting of a will, the arrangement of inter vivos and testamentary gifts, the creation …
Book Reviews, Herman L. Trautman, W. Harold Bigham
Book Reviews, Herman L. Trautman, W. Harold Bigham
Vanderbilt Law Review
THE BEST OF TRUSTS AND ESTATES-ESTATE PLANNING
There are one hundred and four articles arranged in eight chapters entitled, "Estate Planning-A Panoramic View," "Using the Marital Deduction, "Income Tax Planning, " "Making the Most of Gifts,""Minimizing Administration Problems," "How to Handle Business Interests," "Arranging Life Insurance," and "Drafting Wills and Trusts." The citation and date of the original publication of each article is stated, and in many instances there is an addendum by the author which brings the article up to the date of the book. In addition there are excellent introductory commentaries by the editors at the beginning of …
The Use Of Business Property As Short-Term Trust Corpus, Robert Doty
The Use Of Business Property As Short-Term Trust Corpus, Robert Doty
Vanderbilt Law Review
A progressive income tax structure encourages the taxpayer with income above his consumption level to attempt to shift income to other members of his family group where it would be taxed at lower rates. The income which the taxpayer desires to shift may be in the form of compensation for services rendered by the taxpayer or of income from income-producing property owned by him...This article seeks to explore the extent to which the benefits of the short-term trust can be secured for this latter class of persons by utilizing business assets as trust corpus in the following manner: (1) by …
Book Reviews, Ronan E. Degnan (Reviewer), James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)
Book Reviews, Ronan E. Degnan (Reviewer), James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)
Vanderbilt Law Review
Book Reviews:
Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00
reviewers: Ronan E. Degnan and David W. Louisell
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Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.
reviewer: James J. Lenoir
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The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.
reviewer: David H. Vernon
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Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …
Book Note, Law Review Staff
Book Note, Law Review Staff
Vanderbilt Law Review
Book Note
Tax Planning for Estates (1955 Revision)
By William J. Bowe
Nashville: Vanderbilt University Press, 1955. Pp. 98. $3.00
The Non-General Power Of Appointment -- A Creature Of The Powers Of Appointment Act Of 1951, Allan Mccoid
The Non-General Power Of Appointment -- A Creature Of The Powers Of Appointment Act Of 1951, Allan Mccoid
Vanderbilt Law Review
In the course of the past fifty years, during which estate planning has become a specialty rather than one of many jobs handled by the general practitioner, the power of appointment has become an increasingly popular form of gift. The two great advantages which have been claimed for the power are the introduction of great flexibility into the estate plan and the reduction of the tax burden on the property as it passes from one generation to another. It was presumably with both of these objectives in mind that Professor William J. Bowe made a suggestion last year as to …
Book Reviews, Harold W. Holt (Reviewer), Harold G. Wren (Reviewer), Walter Chandler (Reviewer), Harold W. Hannah (Reviewer)
Book Reviews, Harold W. Holt (Reviewer), Harold G. Wren (Reviewer), Walter Chandler (Reviewer), Harold W. Hannah (Reviewer)
Vanderbilt Law Review
Marital Property in Conflict of Laws By Harold Marsh, Jr. Seattle: University of Washington Press, 1952. Pp.
reviewer: Harold Wright Holt
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Life Insurance and Estate Tax Planning By William J. Bowe Nashville: Vanderbilt University Press, November 1952 Revision. Pp. 109.$2.10
reviewer: Harold G. Wren
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Caruthers' History of a Lawsuit Seventh Edition by Sam Gilreath Cincinnati: The W. H. Anderson Company, 1951. Pp. 1088. $17.50.
reviewer: Walter Chandler
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Legal Status of the Tenant Farmer in the Southeast By Charles S.Mangum Chapel Hill: University of North Carolina Press, 1952.Pp. viii, 478, $7.50.
reviewer: Harold W. Hannah
Book Reviews, William J. Bowa Reviewer, Emmett Conner (Reviewer), Charles K. Cosner (Reviewer), Charles E. Clark (Reviewer), Joseph Trachman (Reviewer)
Book Reviews, William J. Bowa Reviewer, Emmett Conner (Reviewer), Charles K. Cosner (Reviewer), Charles E. Clark (Reviewer), Joseph Trachman (Reviewer)
Vanderbilt Law Review
Minimum Standards of Judicial Administration
Edited by Arthur T. Vanderbilt
Published by The Law Center of New York University for The National Conference of Judicial Councils, 1949. Pp. xxxii,752. $7.50
reviewer: William J. Bowa
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Availability for Work
By Ralph Altman
Cambridge: Harvard University Press, 1950. Pp. 350. $4.50
reviewer: Emmett Conner, Charles K. Cosner
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Forrester's Edition of Dobie and Ladd's Cases and Materials on Federal Jurisdiction and Procedure
By Ray Forrester
St. Paul: West Publishing Co., 1950, Pp. vii, 990. $8.50
reviewer: Charles E. Clark
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Life Insurance and Estate Tax Planning
By William J. Bowe
Nashville: Vanderbilt …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
BOOK NOTES
The Law of Trusts
By Ralph A. Newman
Brooklyn: The Foundation Press, Inc., 1949. Pp. xi, 452. $4.50
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Estate Planning
By Joseph Trachtman
New York: Practicing Law Institute. 1949 Edition. Paper bound. Pp. i, 170. $2.00
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BOOKS RECEIVED
The Case of General Yamashita
By A. Frank Reel
Chicago: University of Chicago Press, 1949. Pp. v, 324. $4.00
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Cases and Materials on Commercial Law
By Hugh W. Babb and Carl B. Everberg
Brooklyn: The Foundation Press, Inc., 1949. Pp. iii, 963. $6.00
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Cases and Materials on Law and Accounting
By Donald Schapiro and Ralph Wienshienk …
A Symposium On Estate Planning: Foreword, Mayo Adams Shattuck
A Symposium On Estate Planning: Foreword, Mayo Adams Shattuck
Vanderbilt Law Review
The power and increasing value of conferences and symposia of the sort which the Vanderbilt Law Review has arranged is that a team of first class men are gathered together to give testimony and useful advice upon the various independent factors which must be taken into account in solution of this fascinating problem. When a group of distinguished scholars and practitioners like those participating in this symposium are willing to make thoughtful contributions to this sort-of round table, without hope of compensation except for the satisfaction that comes from the provision of sound ideas and the education that stems from …
Foreword, Mayo A. Shattuck
Foreword, Mayo A. Shattuck
Vanderbilt Law Review
In order to get a proper measure of modern Estate Planning I think it may be useful to consider, very briefly, some aspects of its history. The family trust was born into our jurisprudence in an environment which had been moulded in that solid and immovable pyramid called feudalism. In that social order there was nothing of imaginative elasticity. Lateral allegiances or entanglements were as little known as lateral movements. All lines of authority moved from the top; all discharges of duties were rendered vertically to the liege lord next above. As with human relationships so also with property. The …
A Planner's Primer, William M. Reynolds
A Planner's Primer, William M. Reynolds
Vanderbilt Law Review
Anyone undertaking an assignment to write within a few pages under this comprehensive title must limit his coverage. This general article on a subject as intangible as estate planning omits entirely or gives short treatment to many considerations which may be of great importance to the conscientious planning of relatively complicated estate situations., Emphasis will be placed on the tax aspects of estate planning, particularly federal taxes, but consideration will be given to other aspects which may be of equal or even greater importance. This deliberate emphasis is certainly not intended to add to the misleading impression, too frequently held, …
A Planner's Primer, William M. Reynolds
A Planner's Primer, William M. Reynolds
Vanderbilt Law Review
Anyone undertaking an assignment to write within a few pages under this comprehensive title must limit his coverage. This general article on a subject as intangible as estate planning omits entirely or gives short treatment to many considerations which may be of great importance to the conscientious planning of relatively complicated estate situations. Emphasis will be placed on the tax aspects of estate planning, particularly federal taxes, but consideration will be given to other aspects which may be of equal or even greater importance. This deliberate emphasis is certainly not intended to add to the misleading impression, too frequently held, …
Transfers In Contemplation Of Death, Edward N. Polisher
Transfers In Contemplation Of Death, Edward N. Polisher
Vanderbilt Law Review
The scope of this article is limited to the discussion of transfers prompted by motives associated with life and moral obligations; transfers made simultaneously with the execution of a will, or as a part of a plan of testamentary disposition; transfers of life insurance policies; and lastly, valuation of such transfers.
Valuation Of The Family Controlled Business For Estate Tax Purposes, James O. Wynn
Valuation Of The Family Controlled Business For Estate Tax Purposes, James O. Wynn
Vanderbilt Law Review
The starting point in the determination of the federal estate tax is the valuation of the property included in the gross estate.' While the Internal Revenue Code does not use the term "fair market value" in defining the gross estate, the regulations promulgated by the Commissioner of Internal Revenue as an interpretation of the estate tax provisions of the Code provide that "the value of every item of property includible in the gross estate is the fair market value thereof." While a creditable argument could be made that Congress, in using the term "value" in defining the gross estate, intended …
Some Aspects Of Estate Planning In Tennessee, Alec B. Stevenson
Some Aspects Of Estate Planning In Tennessee, Alec B. Stevenson
Vanderbilt Law Review
Not many years ago a large New York bank circulated privately booklet with the provocative title "The Passing of the Simple Will." The choice of the title and the text itself underlined the complexities which surround the owner of property and his advisers when they jointly attempt to plan the disposition of a modern estate for modem needs. The now almost legendary owner of Blackacre could, indeed, write a simple will, quite effective and satisfactory as a plan for the disposition 'and use of the family property. One need scarcely recite the changes which have taken place in more recent …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Assault and Battery--Injury Sustained in Prize Fig
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Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction
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Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional
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Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants
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Criminal Procedure--Use of Jury Primer Prior to Trial
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Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission
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Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony
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Interstate Commerce--Sherman Act--Applicability to Organized Baseball
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Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …
Book Reviews, Philip A. Hendrick Reviewer, Charles L.B. Lowndes (Reviewer), Adrian W. Dewind (Reviewer), Chas. A. Morehead (Reviewer), John R. Stivers (Reviewer)
Book Reviews, Philip A. Hendrick Reviewer, Charles L.B. Lowndes (Reviewer), Adrian W. Dewind (Reviewer), Chas. A. Morehead (Reviewer), John R. Stivers (Reviewer)
Vanderbilt Law Review
An Estate Planner's Handbook By Mayo Adams Shattuck
Boston: Little, Brown & Company, 1948. Pp. 575. $7.50
reviewer: Philip A. Hendrick
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Estate Planning and Estate Tax Saving By Edward N. Polisher
Philadelphia: George T. Bisel Company. Second Edition, 1948. 2 Volumes. Pp. xxxii, 923. $20.00
reviewer: Charles L.B. Lowndes
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Federal Taxes--Corporations and Partnerships, 1948-49 By Robert H. Montgomery, Conrad B. Taylor and Mark E. Richardson
Vol. I: Gross Income and Deductions Vol. II: Taxes, Returns and Administration New York: The Ronald Press Company, 1948. Pp. xiii, 1001; pp. iv, 881. $20.00
Federal Taxes--Estates, Trusts and Gifts, 1948-49
By …