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Full-Text Articles in Law
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Washington Law Review
In 1960 Congress adopted §§ 856-858 of the Internal Revenue Code with the avowed purpose of granting to the small investor in real estate the same federal income tax advantages that are afforded investors in regulated investment companies. However the tax advantages that are granted have not given rise to a general adoption of organizations which qualify for the tax advantages. The major reasons for this lack of interest are the complexity of the sections themselves, problems raised by the regulations (many of which have been rectified by the final regulations which were adopted April 28, 1962), and problems raised …
Annexation By Municipal Corporations, John E. Iverson
Annexation By Municipal Corporations, John E. Iverson
Washington Law Review
Problems caused by the growth of urban fringe areas have increased, particularly since World War II. As the population of these areas increases, so does the need for public services and the attendant need for effective local government. County government in Washington has remained generally unchanged since its inception one hundred years ago. Conceived in contemplation of a rural, lightly populated area requiring only a minimum of services, county government was not designed to deal with urban problems. As a result, the task of providing governmental services has been assumed by existing municipalities, which, in order to gain the requisite …
Real Property—Aboltion Of Rule In Shelley's Case—Testamentary Dispositions, Harold D. Johnson
Real Property—Aboltion Of Rule In Shelley's Case—Testamentary Dispositions, Harold D. Johnson
Washington Law Review
The state of title to an undetermined amount of realty in Washington was put in question by the Washington court's decision in Rubenser v. Felice. That case marked the end, in Washington, of an ancient and troublesome rule of law-the Rule in Shelley's Case—in testamentary dispositions of realty.
Foreword, Harry M. Cross
Foreword, Harry M. Cross
Washington Law Review
The enactment of Initiative 2081 in the 1960 election authorizes creation of joint tenancies in real and personal property in Washington generally. Many of the potential problems which may confront Washington lawyers because of the general availability of the joint tenancy device are discussed in this symposium. An orderly presentation of the arguments and identification of the particulars to be resolved will be fostered by the effort of the Review editors in assembling the material in this issue. I am sure that members of the Washington bar will agree that we owe a substantial debt to the authors. The discussions …
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Washington Law Review
Initiative Measure No. 2081 is necessarily brief and does little more than authorize in Washington "a form of co-ownership of property, real and personal, known as joint tenancy." In view of the prior history of joint tenancy with right of survivorship in Washington, so far as real property is concerned, practically the entire existing local law on the subject is provided by the initiative measure. This engrafts a new system of real property ownership onto the existing body of Washington real property law which has been in the process of development for over a century. This article must therefore deal …
Joint Tenancy And Community Property, Yale B. Griffith
Joint Tenancy And Community Property, Yale B. Griffith
Washington Law Review
The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …
Joint Tenancy And Estate Planning, Charles B. Stacey
Joint Tenancy And Estate Planning, Charles B. Stacey
Washington Law Review
In many states both lawyers and laymen advise taking of title to property in joint tenancy without sufficient knowledge of the legal incidents of this ancient common law estate. Due to the increasing use of this form of ownership, lawyers must learn both the advantages and disadvantages of joint tenancies. Since joint tenancy involves the element of "survivorship," the taking of title to property in this form is usually a conscious act of estate planning. To the knowledgeable estate planner, however, joint tenancies are more often bothersome than useful. The planner is often faced with the problem of eliminating or …
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Washington Law Review
By Initiative No. 208, adopted and now codified as RCW 64.28, the former prohibition against joint tenancy with the right of survivorship has been repealed and substituted with ".... a form of co-ownership of property, real and personal, known as joint tenancy."' The proviso that the transfer shall not derogate from the rights of creditors raises serious questions of meaning and interpretation. If the proviso means that the rights of creditors will not be changed by joint tenancy ownership, then this article will serve little purpose. If the proviso is to be applied only to the creditors existing at the …
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
Washington Law Review
The inter vivos rights and remedies among joint tenants with respect to their common property are in general the same as those of other co-owners of property. Differences become most apparent upon the death of one tenant. During the period when all of the joint tenants are alive, they are included in the general group, "cotenants," the term for co-owners of property, and their rights and remedies for the most part fall within the rules governing co-tenants. Some exceptions will be considered here. One difference between the rules governing joint tenants and those governing other co-owners is that while service …
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Washington Law Review
The recent passage in Washington of Initiative No. 208 providing for creation of joint tenancies in real and personal property provides the occasion for a reconsideration of the current status of the statutory and case law in Washington relating to the effect given to "joint tenancy" accounts with right of survivorship. Such an account typically takes the form of a deposit opened in the name of the depositor and another, payable to either or to the survivor. Does such an account, by virtue of present statutes, in fact create a joint tenancy with all its incidents as known to the …