Law Commons^™

Charity Oparaocha V Winfrida Murambiwa (2004) Z.R. 141 (S.C.), Milambo Chibbonta-Pupwe

SAIPAR Case Review

No abstract provided.

Do You Tru$T Your Children: A Parent’S Final Dilemma, J. Sam Rodgers

Cornell Journal of Law and Public Policy

Incentive trusts developed out of unique American inheritance laws and have become a regarded estate planning tool. Policy, observation, and research suggest that they are inadequate, although still uncritically used. A Hidden Bonus Trust is an improved solution that builds on the shortcomings of incentive trusts. Hidden Bonus Trusts quench parents’ desires to leave legacies and motivate troubled beneficiaries.

Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows

Cornell Law Faculty Publications

In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …

Clear And Convincing Evidence Of Testamentary Intent: The Search For A Compromise Between Formality And Adjudicative Justice, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander

Cornell Law Faculty Publications

The 1990 revision of the Uniform Probate Code ("UPC") marks the second stage of probate reform in the second half of this century. The first stage was the adoption of the original UPC. While it included some changes in the substantive law of wills, its primary objective was to simplify probate procedure. The second stage, by contrast, focuses almost entirely on the substantive law of wills and will substitutes. It changes several of the primary rules of wills law, including the traditional rule requiring strict compliance with execution formalities. It also makes significant changes in the subsidiary rules of wills …

The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander

Cornell Law Faculty Publications

Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of …

The Dead Hand And The Law Of Trusts In The Nineteenth Century, Gregory S. Alexander

Cornell Law Faculty Publications

This article discusses a basic paradox at the core of liberal property law. Individual freedom to dispose of consolidated bundles of rights cannot simultaneously be allowed and fully maintained. If the donor of a property interest tries to restrict the donee's freedom to dispose of that interest, the legal system, in deciding whether to enforce or void that restriction, must resolve whose freedom it will protect, that of the donor or that of the donee. Although post-realist American property lawyers acknowledge this conflict, at least nominally, it did not emerge in legal consciousness in so starkly visible a form until …

Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson

Cornell Law Faculty Publications

Ante-mortem probate stands as a significant recent development in the American law of wealth succession. It confronts a problem that seriously impairs our probate system, the depredatious will contest, and promises to help revitalize the probate process. Already enacted in several states and currently under active study by the Joint Editorial Board of the Uniform Probate Code and the National Conference of Commissioners on Uniform State Laws, ante-mortem probate is likely to be widely implemented in some form. But while legislators and academics alike support ante-mortem probate as a general idea, disagreement has emerged over the specific form it should …

The Conservatorship Model: A Modification, Gregory S. Alexander

Cornell Law Faculty Publications

Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model.

Basically, Langbein proposes that living …

Mistake And Fraud In Wills--Part Ii: A Suggested Statutory Departure, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Mistake And Fraud In Wills--Part I: A Comparative Analysis Of Existing Law, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Disposition Of A Deceased Person's Estates Of Inheritances As Affected By Liability For Debt, Dower, Curtesy, Devise And Descent, William E. Schenck

Historical Theses and Dissertations Collection

No abstract provided.

The Origin, History And Jurisdiction Of The Surrogate's Court In New York, Gregg Puff

Historical Theses and Dissertations Collection

No abstract provided.

The Origin, History And Jurisdiction Of The Probate Courts In Massachusetts, Henry Burt Montague

Historical Theses and Dissertations Collection

No abstract provided.

Nuncupative Wills, Stuart Dixon Jenks

Historical Theses and Dissertations Collection

No abstract provided.

Can A Murderer, In The Absence Of Legislation, Take Property By Devise Or Descent?, Howard Cobb

Historical Theses and Dissertations Collection

No abstract provided.

Conditions And Limitations In Deeds And Wills, Harlow H. Loomis

Historical Theses and Dissertations Collection

Presented for the Degree of Bachelor of Laws.

Inheritance And Succession Taxes, J. John Hassett

Historical Theses and Dissertations Collection

Presented for the Degree of Bachelor of Laws.

The Law Of New York Upon Testamentary Capacity As Affected By Legislation, Glenn Monroe Dennis

Historical Theses and Dissertations Collection

Thesis Presented for the Degree of Bachelor of Laws.