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Full-Text Articles in Law
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Michigan Law Review
Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …
Future Interests-Rule As To Remoteness Of Vesting In California, Howard W. Haftel S. Ed.
Future Interests-Rule As To Remoteness Of Vesting In California, Howard W. Haftel S. Ed.
Michigan Law Review
T devised the income of a trust to his unmarried daughter for life. If at her death there were living issue of the daughter, the income was to be distributed to such issue until 24 years after T's death. The trust was then to terminate, unless issue, who had been living at T's death, should survive the 24-year period, in which event the income was to continue to be distributed until the death of such issue. It was further provided, "if my said daughter survives me, but at the time of her death leaves no issue of hers …
Future Interests-Worthier Title Doctrine, David H. Armstrong S. Ed.
Future Interests-Worthier Title Doctrine, David H. Armstrong S. Ed.
Michigan Law Review
Plaintiff created an irrevocable trust of $75,000, reserving the income to himself for life and directing distribution of the corpus upon his death to his heirs according to the California laws of succession in existence at his death. Later he sued to terminate the trust on the theory that since the worthier title doctrine prevented creation of a remainder in his heirs, he was sole beneficiary. The intermediate California appellate court held that the worthier title doctrine was inapplicable because of a California statute changing the word "heirs" from one of limitation to one of purchase. Therefore, the outstanding remainder …
Wills-Publication Of Will And Acknowledgment Of Signature, Robert W. Shadd
Wills-Publication Of Will And Acknowledgment Of Signature, Robert W. Shadd
Michigan Law Review
Testatrix telephoned two friends, asking them to come to her home and witness her will. When they arrived, the document was lying on a table in testatrix' presence, and she declared, "Here is the pen, sign it." Both witnesses were positive testatrix did not sign in their presence. The evidence, while not conclusive, also tended to show that neither witness saw the signature, testatrix having signed on page seven while the document was opened to the attestation clause on page eight. The superior court admitted the will to probate over appellant's objection that testatrix had failed to meet the statutory …
Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris
Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris
Michigan Law Review
Plaintiff set up an irrevocable trust of $75,000 to pay the income to himself for life, and upon his death to distribute the remainder of the trust to his heirs at law according to the laws of succession of the State of California in existence at his death. He later brought suit to terminate the trust on the theory that the worthier title doctrine prevented the creation of a remainder in his heirs at law, and that as sole beneficiary of the trust, he was entitled to termination. Held, the worthier title doctrine was inapplicable because of a statute …
Trusts-Charities-Erection Of Monument, J. Barrett
Trusts-Charities-Erection Of Monument, J. Barrett
Michigan Law Review
Testatrix directed "that my executors . . . erect in the courthouse park at Madera, California, a granite tower . . . to contain a carillon . . . to be placed in the park at a reasonable cost . . . with an inscription . . . to be cut in a conspicuous place on the granite . . . to read as follows: 'Dedicated to the memory of all those . . . who strove to make Madera and Madera County all that it is. John L. Butin, M.D. Mary Ryerson Butin, M.D.'" Held, the devise constituted …
The Function Of Will Contests, Lewis M. Simes
The Function Of Will Contests, Lewis M. Simes
Michigan Law Review
To anyone steeped in the doctrines of the common law there is something anomalous about the will contest. First, the will is duly admitted to probate in a proceeding which is almost universally conceded to be judicial. Then at a subsequent time a so-called contest is brought by the heir, in which the precise proposition determined on the probate is retried. In most jurisdictions the heir is not bound to make any sort of a showing to entitle him to contest. He need not allege newly discovered evidence. He need not submit any evidence of · fraud or mistake. Indeed, …
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 …
Executors And Administrators-Right Of Creditors Of A Decedent To Recover From Distributees After The Estate Is Closed
Michigan Law Review
A recent California decision suggests a problem of some difficulty in the administration of decedents' estates. In Dabney V. Dabney, it appeared that a decedent had, in his lifetime, contracted to pay the plaintiff $100 and $350 respectively, monthly, as long as plaintiff should live, according to the terms of two contracts. In distributing the estate the court, as provided in the California Probate Code, had set aside a sum of money for the purpose of paying these monthly installments. The estate was then distributed, defendant herein being the principal distributee. On February 17, 1941, there remained only $216 …
Charities - Corporation Organized For Political Purposes As A Charitable Organization, Charles R. Linton
Charities - Corporation Organized For Political Purposes As A Charitable Organization, Charles R. Linton
Michigan Law Review
A statute provided, in substance, that bequests in a will to charitable organizations may not collectively exceed one-third of the estate of a testator leaving heirs. Plaintiff, a legatee under a will, appealed from a decree which found the American Jewish Congress was not a charitable organization and therefore was entitled to the full sum bequeathed to it. Among the corporate purposes stated in the articles of incorporation were: (a) to further the development of the Jewish National Home in Palestine, and (b) to secure and maintain equality of opportunity for Jews everywhere. Held, decree reversed; although incorporated for …
Wills-Construction-"Personal Property" As Including Real Estate
Wills-Construction-"Personal Property" As Including Real Estate
Michigan Law Review
Testatrix, a German woman, not particularly familiar with the English language, drew a holographic will making certain specific bequests of money and bonds and concluding by giving all her "personal property" to three named beneficiaries. Testatrix died leaving both realty and personalty. Held, both realty and personalty passed under the term "all my personal property." "My personal property" was construed to mean "my own property." In re Olsen's Estate, (Cal. App. 1935) 50 P. (2d) 70.