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Certain Evasive And Protective Devices Affecting Succession To Decedents' Estates, Alvin Evans
Certain Evasive And Protective Devices Affecting Succession To Decedents' Estates, Alvin Evans
Michigan Law Review
In Anglo-American law for many generations the power of an owner of property to determine the disposal of his estate at death has met with but comparatively few limitations. The statute creating this power was motivated by the assumption that the interest of the owner, reaching even beyond death, is paramount to other social interests. This power is an important item in a capitalistic system. And even if he does not exercise his power, the decedent may rest assured that another statute will do for him approximately what he may be supposed to have desired.
Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee
Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee
Michigan Law Review
A testator's will devised his residuary estate in trust to his daughter for life, remainder to her lawful issue, in default of which the corpus was to be distributed to certain charities. The daughter died without issue. After her death the trustee brought suit against the United States for refund of taxes paid, both parties agreeing that the sole question for determination was the admissibility of evidence of the removal of the daughter's generative organs to prove that at the time of the testator's death it was impossible for her to bear issue. Held, such evidence was admissible. Provident …