Law Commons^™

Trusts--Right To Reach A Spendthrift Trust For Maintenance Of Minor Children, G. H. W.

West Virginia Law Review

No abstract provided.

Taxation - Inheritance Tax - Transfers Subject To Take Effect At Or After Death, Harvey A. Howard S.Ed.

Michigan Law Review

Decedent was a participant in a company profit-sharing savings and retirement trust. Under the terms of the plan, the company made deposits with a trustee on an annual basis and relinquished the right to recapture or impair the fund for its own use or benefit. The contributions were to be held for ten years with accrued interest, and then were to be distributed to the employees in three annual instalments. Should an employee leave the company, he was entitled to his share in three instalments; in the event of retirement or illness he was to receive his entire share in …

Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.

Michigan Law Review

Testator devised and bequeathed his property to his children, but with a proviso that the gift to any child who should marry a person not born in the Hebrew faith should lapse. Subsequent to the testator's death, the defendant married a woman who had been born a Roman Catholic. The other beneficiaries brought a proceeding to declare that the defendant had lost his rights under the will by reason of his marriage. The probate court granted a decree substantially as sought by the plaintiffs. On appeal, held, affirmed. This partial restraint on marriage is not so unreasonable as to …

Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.

Michigan Law Review

That joint ownership is a popular form of holding title to real property is undeniable. A husband and wife are especially likely to consider this form of ownership as "natural" and desirable because it emphasizes the concept of marriage as a partnership and gives both partners control over and ownership in the family property. In addition to these factors, joint ownership is popular because of the right of survivorship which is incident to it. In this feature the layman sees, or thinks he sees, the opportunity to avoid a probate proceeding, the estate tax, and the lawyer's fee. It is …

Wills - Ademption - Sale Of Property By Guardian Of Physically Incompetent Testator, David W. Swanson S.Ed.

Michigan Law Review

By a will executed in 1950, testator devised his undivided one-half interest in his home to his wife in fee simple. A year · later and with his consent, the probate court appointed a guardian for him on the ground of physical incompetency. In 1952 the guardian sold the devised property under court order, at which proceeding the testator was properly before the court, was consulted, and agreed to the sale. A small portion of the proceeds was used for the support of the testator but $7271 remained at his death five months later and was turned over to his …

Constitutional Law - Freedom Of Religion - Judicial Intervention In Disputes Within Independent Church Bodies, Julius B. Poppinga S.Ed.

Michigan Law Review

It is the purpose of this comment to set forth the several principles applied by courts in determining controversies in independent church groups and to consider the constitutional implications of judicial intervention.

Trusts - Spendthrift Trusts - Reduction In Income As Justification For Termination In Favor Of Beneficiary, Norman A. Zilber S.Ed.

Michigan Law Review

Testatrix died in 1913 leaving a will which established a $20,000 spendthrift trust. The income from this trust was to be paid to her son for life with the remainder, in default of issue and the exercise of a general testamentary power of appointment, to go to the other descendants of the testatrix then living. The stated purpose of the trust was to assure her son of "a support throughout his . . . whole life, under any circumstances.'' The son, 65 years old and without issue, sought to terminate the trust on the ground that he was about to …

Decedent Estates—Construction Of Will, James Lindsay

Buffalo Law Review

In re Hosford's Will, 309 N. Y. 23, 127 N. E. 2d 735 (1955).

Decedent Estates—Summary Judgment, James Lindsay

Buffalo Law Review

In re Pascal's Will, 309 N. Y. 108, 127 N. E. 2d 835 (1955).

Decedent Estates—Separate Trial, James Lindsay

Buffalo Law Review

In re Albright's Estate, 309 N. Y. 126, 127 N. E. 2d 910 (1955).

Decedent Estates—Non-Final Order, James Lindsay

Buffalo Law Review

Construction of Hallock's Will, 308 N. Y. 29.9, 125 N. E. 2d. 578 (1955).

Decedent Estates—Trusts, James Lindsay

Buffalo Law Review

In re Wells' Estate, 308 N. Y. 270, 125 N. E. 2d 424 (1955).

Property-Dower As Interest In Land Entitling Wife To Obtain Share Of Proceeds From Condemnation Of Husband's Land [Shelton V. Shelton, S. C. 1954].

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment

Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage

Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature

Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB

Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured

Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion

Wills--Holographic Codicil--Publication of an Invalid Typewritten Will

Intestacy And The Surviving Spouse, Nancy Coleman Messick

William and Mary Review of Virginia Law

No abstract provided.

Wills And Estates, W. Roger Johnson

Washington Law Review

Covers cases on the attestation of wills requiring personal knowledge of the genuineness of the decedent's signature, on the revocation of a will by subsequent marriage where a contingent bequest was held sufficient to nullify the statutory revocation, and on the allegation of revocation by a subsequent marraiage not constituting a will contest.

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle

Michigan Law Review

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …

Domestic Relations—Right Of Strangers To Attack Foreign Divorce Decree, Paul A. Foley

Buffalo Law Review

Estate of Englund, __ Wash. __, 277 P. 2d 717 (1954).

Use Of Survivorship Clauses In Wills, Harold A. Bowron, Jr.

Vanderbilt Law Review

Today a draftsman of wills should consider the increased risks of multiple deaths resulting from the hazards of modern living in general and travel by airplane and automobile in particular. He should be aware of the possibility of the client's death with his intended beneficiary within a short period, in a common disaster, or under circumstances in which there is no evidence of survivorship. The failure to provide for these possibilities may lead to the frustration of a testamentary disposition, as a beneficiary must survive the testator in order to take under the testator's will.' Further, the advent of the …

Conflict Of Laws And Elections In Administration Of Decedents' Estates, Eugene F. Scoles

Indiana Law Journal

No abstract provided.

Estate Of Poisl, Jesse W. Carter

Jesse Carter Opinions

A widow was entitled to have the testator's pre-marital will revoked because the mere naming of the widow in a legacy without any indication that she was a prospective spouse was not enough to prevent revocation of the will under California law.

Taxation - Federal Income Taxation - Problems Created By The Complex Trust Provisions Of The 1954 Code, Harvey A. Howard S.Ed.

Michigan Law Review

This comment will not be expository of all of the trust provisions but rather will attempt to deal with some of the more important interpretative difficulties likely to be encountered in the new law involving the taxation of the income of those trusts which may accumulate income, distribute corpus, or pay or set aside amounts for charitable purposes. It will be assumed that the reader is familiar with the basic statutory pattern of the trust sections of the new code.

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

Joint Bank Accounts As A Fraud On The Marital Rights Of The Surviving Spouse - Whittington V. Whittington

Maryland Law Review

No abstract provided.

Patchell V. Groom Revisited: Distributions Among Descendants Per Stirpes, Frederick J. Singley Jr.

Maryland Law Review

No abstract provided.

Holographic Codicils Incorporating By Reference And Republishing Invalid Non-Holographic Documents, James Levin

Kentucky Law Journal

No abstract provided.

Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii

Kentucky Law Journal

No abstract provided.

Wills--Formalities For Execution--Publication And Acknowledgment In Kentucky, P. Joan Skaggs

Kentucky Law Journal

No abstract provided.

Wills--Invalidity Of Entire Will Where A Portion Violates The Rule Against Perpetuities--Laches, Charles Calk

Kentucky Law Journal

No abstract provided.

Some Observation On Wills Under The Indiana Probate Code Of 1953, Max Rheinstein

Indiana Law Journal

No abstract provided.