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Gifts - Subsequent Declarations By Donor-Voluntary Self Declaration Of Trust
Gifts - Subsequent Declarations By Donor-Voluntary Self Declaration Of Trust
Michigan Law Review
Certain bonds were found in a safe deposit box of the decedent in an envelope marked with the words "Property of X." X sought to introduce evidence of declarations of decedent made to third persons to the effect that he had given the bonds to X before. Held, that such declarations were inadmissible because there was no extraneous evidence of a delivery of the bonds to X to support the theory of a gift. Reynolds v. Kenney, (N. H. 1935) 179 A. 16.
Trusts -Termination Of Trusts Where Life Beneficiary Acquires Remainder - Proof Of Impossibility Of Issue
Michigan Law Review
Plaintiff was named life beneficiary of a trust, the legal remainder being disposed of to her children, or if she died without issue, then to H. H died before the plaintiff; and the plaintiff, establishing that she is childless and no longer capable of having issue, seeks a termination of the trust on the ground that the now intestate remainder has become vested in her, the sole heir at law of the settlor. Held, both an unrestricted life estate and the legal remainder being in the plaintiff, the trust can be terminated. White v. Weed, (N. H. …
Trusts-Process By Which Creditor May Reach Cestui's Interest In Spendthrift Trust
Trusts-Process By Which Creditor May Reach Cestui's Interest In Spendthrift Trust
Michigan Law Review
The former husband of the principal defendant created a trust for her benefit with a clause restraining alienation and barring attachment by creditors. Plaintiff, holding a judgment against the cestui que trust, brought a creditor's bill in equity against the trustee and cestui. Held, creditor's bill dismissed, but the exemption of cestui's interest from the claims of creditors was invalid, and plaintiff might recover by amending and bringing an action at law with trustee process. Brahmey v. Rollins, (N. H. 1935) 179 A. 186.