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Full-Text Articles in Law

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume Nov 1960

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "


Trusts - Principal And Income - Apportionment Under Pennsylvania Rule Of Stock Dividends Based On Capital Surplus, James H. Devries May 1960

Trusts - Principal And Income - Apportionment Under Pennsylvania Rule Of Stock Dividends Based On Capital Surplus, James H. Devries

Michigan Law Review

Under the terms of a trust established in New York in 1915 income was to be paid to a beneficiary for life and upon his death the principal was to be distributed to certain descendants of the settlor. Two extraordinary stock distributions were received by the trust during the life of the income beneficiary. In issuing the additional shares each of the corporations had transferred to capital stock account its entire capital surplus and sufficient earned surplus to support the additional shares at their par value. At the time of creation of the trust New York applied the Pennsylvania rule …


Trust Administration - Apportionment And Other Remedies Of An Income Beneficiary When The Trustee's Retention Of Unproductive Property Causes A Loss Or Termination Of Income, Bruce M. Stiglitz S. Ed. May 1960

Trust Administration - Apportionment And Other Remedies Of An Income Beneficiary When The Trustee's Retention Of Unproductive Property Causes A Loss Or Termination Of Income, Bruce M. Stiglitz S. Ed.

Michigan Law Review

The purpose of this comment is to examine apportionment and other remedies of a beneficiary who has been deprived of his income by the retention of unproductive property, and especially to examine the problems which arise when the trustee's retention of such assets constitutes a breach of trust.


Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed. Mar 1960

Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.

Michigan Law Review

The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.


Trusts - Interchangeability Of The Inter Vivos Trust And The Will - Various Tests Of Trust Validity, Stephen B. Flood S.Ed. Feb 1960

Trusts - Interchangeability Of The Inter Vivos Trust And The Will - Various Tests Of Trust Validity, Stephen B. Flood S.Ed.

Michigan Law Review

This comment will be devoted to an examination of various tests of trust validity in this setting and their relative utility as tools for analysis.


Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks Feb 1960

Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks

Michigan Law Review

At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land …


Fraud On The Widow’S Share, W. D. Macdonald Jan 1960

Fraud On The Widow’S Share, W. D. Macdonald

Michigan Legal Studies Series

This study seeks the answer to a troublesome question: What should be done about gratuitous inter vivos transfers in alleged "evasion" of the widow's statutory share? My thesis is that the statutory share should be replaced by the type of decedent's family maintenance legislation found in the British Commonwealth, and that this legislation should be buttressed with anti-evasion provisions. Inter vivos "evasions" seem to be a permanent and increasingly serious concomitant of our forced share system. Part I, dealing with matters of policy, explores the chief aggravating factors. These factors include the high rate of remarriage, which induces transfers to …