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Full-Text Articles in Law

Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed. Nov 1952

Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed.

Michigan Law Review

H owned real estate in fee simple. His wife, W, joined with him in a warranty deed conveying the land to themselves with the expressed intention of creating a tenancy by entireties. H died and his heirs challenged W's right to take the fee by survivorship. The trial court held that a tenancy by entireties had been created and the wife properly took the fee. On appeal, held, affirmed, one judge dissenting. An Arkansas statute providing that a married man may convey "the interest specified in the deed" directly to his wife permits a husband, already owner …


Taxation-Federal Income Tax-Payments Under Written Agreement Incident To Divorce, David W. Rowlinson S. Ed. Nov 1952

Taxation-Federal Income Tax-Payments Under Written Agreement Incident To Divorce, David W. Rowlinson S. Ed.

Michigan Law Review

Petitioner and her husband separated in January 1919 after marital difficulties. The following sequence of events transpired in the next four months: the husband employed detectives to follow his wife and discover evidence on which a divorce action could be predicated; petitioner instituted proceedings for legal separation; a separation agreement was executed under which the husband was to give petitioner an initial payment of $200,000 and subsequent annual payments of $30,000 for her life; the husband began a suit for divorce to which petitioner counterclaimed for a divorce; a divorce was decreed in favor of petitioner. Petitioner did not ask …


Negligence-Liability For Negligence Of Minor Driver Imputed To Person Signing M:Rnor's Application For Driver's License, George D. Miller, Jr. May 1952

Negligence-Liability For Negligence Of Minor Driver Imputed To Person Signing M:Rnor's Application For Driver's License, George D. Miller, Jr.

Michigan Law Review

A father signed his daughter's application for a driver's license in accordance with the terms of a Utah statute, which required that the application for a minor's driver's license be signed by the parent or guardian, and imputed liability for the minor's negligence or wilful misconduct to the person signing the application. Before the daughter reached her majority (i.e., eighteenth birthday), the following events took place: (1) her mother was given sole custody of her in a divorce action; (2) she married; and (3) she negligently drove her car against the plaintiff, who brought suit against the daughter, her husband, …


Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston Apr 1952

Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston

Michigan Law Review

Husband sued for divorce alleging that wife drank excessively and humiliated him in public by her conduct, and that she continually made false and profane accusations designed to make his life unbearable. As proof of the latter charge, plaintiff was allowed to introduce in evidence a wire recording of conversations between plaintiff and defendant in their bedroom. Plaintiff's son by a previous marriage had, by prearrangement with plaintiff, installed in their bedroom a microphone connected to a wire-recorder in the son's adjoining bedroom, with which recordings were made of four separate conversations between plaintiff and defendant. The recordings substantiated plaintiff's …


Trusts-Illusory Transfer-Rights Of Surviving Spouse, Carl S. Krueger Mar 1952

Trusts-Illusory Transfer-Rights Of Surviving Spouse, Carl S. Krueger

Michigan Law Review

ln 1939 Henry Halpern drafted a will naming his wife executrix and sole beneficiary of his estate. In 1946, about the time he and his wife separated, Halpern opened four savings accounts in his own name in trust for his infant granddaughter. While Halpern made subsequent deposits in two of them, he made no withdrawals; nor did he in any other manner revoke the trusts. Although evidence did not establish them as irrevocable trusts, it did show that Halpern on occasion indicated he meant the bank books to go to his granddaughter. Subsequently his wife, as executrix, instituted proceedings to …


Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston Feb 1952

Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston

Michigan Law Review

Husband and wife, living in Ohio, were separated in 1945, the only child going to live with the paternal great-grandfather in Pennsylvania. Husband and wife were divorced in Ohio in April 1949. Custody of the child was awarded the wife, but because of the wife's defective vision the child was to remain temporarily with the great-grandfather; it was further provided that the custody question could be relitigated after eighteen months. On October 26, 1949, the wife got a further Ohio decree awarding her sole custody. The great-grandfather refused to surrender the child, and wife filed a petition for habeas corpus …


Evidence-The Use Of Blood Grouping Tests In Disputed Parentage Proceedings-A Scientific Basis For Discussion, Lewis R. Williams, Jr. S.Ed. Feb 1952

Evidence-The Use Of Blood Grouping Tests In Disputed Parentage Proceedings-A Scientific Basis For Discussion, Lewis R. Williams, Jr. S.Ed.

Michigan Law Review

Much has been written concerning the validity of the so-called "blood-grouping tests" in bastardy and other legal proceedings. The general tenor of the writings is in favor of wider acceptance by the courts of the results of these tests. This comment is to be no exception. However, it is the purpose here to emphasize the scientific validity of the blood-grouping tests and to acquaint the reader with the theory upon which the tests rest. If lawyers and judges understand the scientific basis of the tests, a more intelligent decision upon the validity of any given result can be formed, and …


Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed. Jan 1952

Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed.

Michigan Law Review

Respondent had applied for a determination of petitioner's rights under the New York Decedent Estate Law, which provides for the widow taking a statutory one-third share in her husband's estate after his decease. Respondent contended that petitioner was not a widow of decedent, as the prior divorce awarded against decedent in Florida was void because of failure to satisfy residence requirements. The evidence showed that the residence requirements had not been met, but also showed both of the parties to the divorce to have made appearances in the Florida court. The trial and intermediate courts held that respondent had no …


Torts-Alienation Of Parent's Affection, John J. Edman S.Ed. Jan 1952

Torts-Alienation Of Parent's Affection, John J. Edman S.Ed.

Michigan Law Review

Plaintiff, a minor child, brought a tort action against defendant for enticing her mother to desert her, thereby depriving plaintiff of support, maintenance, and maternal care and affection. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statutes of the state provide other means of support of the child, and he has no right of action for the deprivation of a parent's love and affection. Nelson v. Richwagen, (Mass. 1950) 95 N.E. (2d) 545.