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Full-Text Articles in Law
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Washington Law Review
The United States Supreme Court recently handed down a decision reversing the Washington Supreme Court which has important ramifications in all community property jurisdictions. The problem began when Angel N. Yiatchos purchased Series E United States savings bonds with community funds. Angel became registered owner of the bonds and his brother was designated P.O.D. (payable on death) beneficiary. After Angel's death, his widow refused to deliver the bonds to the brother. The brother then brought suit against the widow individually and as executrix to determine ownership of the bonds. Angel's widow sought one-half interest in the bonds as her community …
Community Property—Community Property Agreement—Private Pension Fund—Designated Beneficiary Other Than Surviving Spouse, Anon
Washington Law Review
The conflict in the Washington Supreme Court as to priority between contract law and community property law, which resulted in a 5-4 decision in Occidental Life Ins. Co. v. Powers, is still present after 27 years. The contract at issue in the principal case was the General Electric Pension Trust, to which decedent had contributed premiums for 13 1/2 years. During that time decedent had been married three times and divorced twice. Neither divorce decree had disposed of the pension funds, and decedent's second wife was the designated beneficiary at his death. During his third marriage, decedent and his third …
Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon
Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon
Washington Law Review
Washington marital communities have been immune since 1890 from liability for tortious acts committed by a public officer in performance of his official duties. The Washington Supreme Court reviewed this rule once again in an action for false arrest and imprisonment against a Port of Seattle commissioner. Defendant, an employer ex officio of the security guard at the Seattle-Tacoma International Airport, personally arrested and maintained custody over plaintiff for a period in excess of three hours. Plaintiff sued the commissioner, his marital community, and Port of Seattle. Suit against Port of Seattle was dismissed, but judgment was entered against defendant …
Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon
Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon
Washington Law Review
Plaintiff, an Air Force officer stationed in Alaska, commenced action for divorce under the provisions of an Alaska statute which extends divorce jurisdiction to military personnel who have resided within the state for one year. Defendant, a domiciliary of Pennsylvania, made a general appearance by attorney and contested the court's jurisdiction to grant the decree, alleging that plaintiff was not an Alaska domiciliary. The lower court dismissed plaintiff's complaint for lack of jurisdiction. On appeal, the Alaska Supreme Court reversed. Held: An Alaska court has jurisdiction to grant divorces to military personnel who have resided in the state for one …
Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon
Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon
Washington Law Review
Plaintiff, trustee in bankruptcy of defendant's former husband, brought suit in federal district court to set aside as a fraudulent conveyance a Washington court's award of community property to the defendant incident to her divorce. The district court granted summary judgment for defendant on the ground that the trustee's attack on the award depended upon the community nature of the property which had been terminated by the divorce. On appeal, the Ninth Circuit Court of Appeals reversed and remanded. Held: Because a Washington marital community is not an entity with separate legal existence, an award of community property by a …