Law Commons^™

Constitutional Law--State Taxation Of Federal Property In Possession Of Private Contractor, J. L. R.

West Virginia Law Review

No abstract provided.

Real Property--Oil And Gas Leases--Right Of Lessor Against Sublessee, L. B. S.

West Virginia Law Review

No abstract provided.

Personal Property - Gifts - Delivery To Third Party, Thomas A. Dieterich S.Ed.

Michigan Law Review

A husband changed the beneficiary of his life insurance policy from his wife to his mother during a temporary separation and failed to restore his wife as beneficiary after reconciliation. Subsequent to his death the mother, in the presence· of the wife, signed a memorandum "waiving" her policy rights "to" the wife and handed the writing to the insurer's district manager. Before payment of the proceeds the mother discovered that the wife was the beneficiary of another policy and attempted to revoke the memorandum. In insurer's interpleader action, a gift to the wife was recognized. On appeal, held, affirmed. …

Future Interests - Rule Against Perpetuities - Recent Statutory Amendment In New York, Paul K. Gaston S.Ed.

Michigan Law Review

After 128 years of criticism and confusion and enormous amounts of litigation, New York has amended its statutory rule against perpetuities. The old rule provided that the absolute power of alienation could not be suspended for longer, than "two lives in being" at the creation of the estate plus a minority exception in some cases. Under the new rule the absolute power of alienation can be suspended for a period measured by any number of "lives in being" at the creation of the estate so long as they are not "so designated or so numerous as to make proof of …

Decedents' Estates, Trusts And Future Interests -- 1958 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

The subject matter of this article will be presented in three parts entitled Decedents' Estates, Trusts, and Future Interests. The developments of the year' consist of judicial decisions of the appellate courts in Tennessee, and the work of the Section on Real Property,Probate and Trust Law of the Tennessee Bar Association on a new statute concerning intestate succession for the state. Since the General Assembly was not in session, there were no legislative developments. The part entitled Decendents' Estates will include a discussion of intestate succession, wills, and the problems of fiduciary administration in decendents' estates. The problems of fiduciary …

Urban Planning And Municipal Public Policy, By Donald H. Webster, Daniel R. Mandelker

Indiana Law Journal

No abstract provided.

Property—Breach Of Covenant Of Quiet Enjoyment—Payment Of Rent Condition Precedent To Suit By Tenant, Buffalo Law Review

Buffalo Law Review

Herstein Co. v. Columbia Pictures Corp ., 4 N.Y.2d 117, 17 N.Y.S.2d 808 (1958). "

Property—Rent Control—Per Curiam, Buffalo Law Review

Buffalo Law Review

Mercantile Enterprises, Inc. v. Weaver, 4 N.Y.2d 375, 175 N.Y.S. 2d 61 (1958).

Property—Liability Of Tenant For Damages For Period Of Appeal From Dispossess Order—Emergency Rent Law, Buffalo Law Review

Buffalo Law Review

Self Service Super Market v. Harris, 3 N.Y.2d 615, 170 N.Y.S.2d 816 (1958).

Property—Tax Sale—Statute Of Limitations For Setting Aside, Buffalo Law Review

Buffalo Law Review

Kiamesha Dev. Corp. v. Guild Properties, Inc., 4 N.Y.2d 378, 175 N.Y.S.2d 63 (1958).

Property—Indian Lands—Claim For Misappropriation Dismissed On Showing Of Release, Buffalo Law Review

Buffalo Law Review

St. Regis Tribe v. State of New York, 5 N.Y.S.2d 24, 177 N.Y.S.2d 289 (1958).

Real Property -- 1958 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

In Bailey v. Eagle Mountain Tel. Co.' the supreme court in an opinion by Justice Swepston affirmed the chancellor of Knox County who had sustained defendant's demurrer to a specific performance action because he regarded the following language in complainant's claim of title as creating a fee simple determinable in the grantee.

"In consideration of love and interest we have in Education, we this day deed, transfer, and convey a certain lot or parcel of land .... To have and to hold for school purposes ... so long as the aforesaid lot of land is used for the aforesaid purpose." …

Creditors' Rights And Security Transactions -- 1958 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Fraudulent Conveyances: In Nashville Milk Producers, Inc. v. Alston' a bill to set aside transfers of a herd of dairy cattle alleged that the debtor in 1953 purported to transfer the herd to his wife, and that in 1955 the wife purported to transfer the herd to their son.Both transfers were alleged to have been made for no consideration,or a consideration that was not fair and adequate. The bill also charged that the conveyances rendered the grantor insolvent, and were part of a general scheme participated in by all three defendants to hinder, delay and defraud existing and subsequent creditors. …

Annual Survey Of Tennessee Law, Harold Seligman

Vanderbilt Law Review

Of particular significance in this field during the survey year has been the decision of the Supreme Court of Tennessee in Southern Bell Tel. and Tel. Co. v. Tennessee Pub. Serv. Comm'n. Several aspects of administrative law are involved in this holding, including scope of review, evidence to be considered by the court on review, and the rate-making function...

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In Flowers v. Benton County Beer Board, the license of a beer permit holder was revoked by a county beer board due to the holder's plea of guilty to driving an automobile while under the influence of an intoxicant in …

Personal Property And Sales -- 1958 Tennessee Survey, Claude E. Bankester

Vanderbilt Law Review

The existence of a confidential or fiduciary relationship between two parties does not prevent either party from making a gift to the other. However, when the gift is from the dependent party to the dominant party of the relationship, there arises a presumption that the gift was obtained by the exercise of undue influence on the donor and therefore void. Consequently, the burden is placed upon the donee to prove by "clear and satisfactory" evidence that the gift was not obtained by use of undue influence. The relationship necessary to raise the presumption may be of any kind which implies …

Real Property, Floyd L. Newland

Washington Law Review

Covers cases on limited-access higway condemnation—compensation for loss of easement of access—measure of compensation and on adverse user—necessity of claim of right.

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.

Landlord And Tenant--Condemnation--Termination Of Lease, J. E. J.

West Virginia Law Review

No abstract provided.

Res Judicata--Collateral Attack On Decree For Sale Of Land For School, L. L. P.

West Virginia Law Review

No abstract provided.

Real Property - Restrictive Covenants - Effect Of Expiration Of Time Limitation In Deed Under General Plan, John D. Kelly

Michigan Law Review

Plaintiffs were the owners of two lots in a subdivision originally owned by a real estate development company. Defendants were property owners or lien holders within the subdivision, the development company, and the prospective purchasers of plaintiff's lots who refused to buy on the ground that the lots were subject to certain restrictions. All purchasers of lots within the subdivision had received the same form deed containing the identical provision that restrictions, including one prohibiting nonresidential use, were to be enforceable for twenty-one years from the date of each conveyance. The first lot was sold in 1927 and plaintiffs' …

Real Property - Adverse Possession - Between Cotenants, Paul K. Gaston

Michigan Law Review

C. V. James and his wife and children owned certain property as tenants in common. In 1931 defendant Fallon recovered a judgment against C. V. James, and the land was sold by a sheriff under execution. Fallon became the purchaser at the sheriff's sale and was issued a sheriff's deed purporting to convey the entire interest in the property. Thereafter he was "in the actual, visible, distant, hostile, exclusive, continuous and uninterrupted possession" of the land and paid all taxes thereon. Plaintiffs, the wife and children of James, brought this action to determine the ownership of the property. Fallon claimed …

Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.

Michigan Law Review

A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …

Conflict Of Laws - Estoppel - Extra-Territorial Effect Of Probate Decree, Thomas A. Hoya S.Ed.

Michigan Law Review

Testator, domiciled in California, by his will created a charitable trust of his residuary estate which included lands located in North Dakota. Under California law, the charitable bequest was valid to the extent of only one-third of the residuary estate. Upon distribution of the trust estate by the California court, the charity appeared and received its one-third of the entire residuary property. The trustee then filed with the North Dakota court, asking that the North Dakota land be distributed in accord with the California decree. Since there was no limitation on the validity of the charitable bequest in North Dakota, …

Property In The Goods Under West Virginia Law, L. P. P.

West Virginia Law Review

No abstract provided.

Property - Damages For Timber Trespass, Harmon D. Maxson

William & Mary Law Review

No abstract provided.

Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler

Michigan Law Review

From what has preceded it is apparent that none of those who would reform the rule against perpetuities, excepting Professor Simes, has suggested that the rule's application to remoteness of vesting alone requires investigation. Yet there is little doubt that this aspect of the rule has caused as much if not more litigation than those which have been so harshly condemned. Proof of this assertion will not be undertaken, for every property lawyer knows how frequently courts are called upon to determine whether for purposes of the rule an interest is "vested" or "contingent." Professor Simes put it well when …

Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed.

Michigan Law Review

Defendant purchased a tract of vacant land located in the most highly restricted residence zone of his city. The local zoning ordinance prescribed minimum area, width, and depth measurements for building plots in that district. Defendant desired to subdivide the property into two building plots in order to build a one-family residence on each plot. Although the first plot complied with the minimum requirements of the ordinance, the other plot was deficient in area and depth measurements. Defendant was unsuccessful in his attempts both to purchase adjoining land and to sell parts of his property to adjoining owners. He then …

Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler

Michigan Law Review

The venerable rule of property known as the rule against perpetuities has recently been subjected to numerous searching and critical analyses, some of which will presently be discussed. Thus far nothing has been published dealing with, and only Professor Simes has touched upon, what seems to the present writer to be the most serious problem engendered by the common law rule in its commonly accepted form, i.e., the notion that the rule is concerned only with remoteness of vesting. It is the purpose of the present discussion to examine the concept of vesting as related to the rule and to …

Future Interests - Validity Of Shifting Executory Interest On Event Certain To Occur, Jerome B. Libin S.Ed.

Michigan Law Review

Testator's will provided for alternative devises of his business real estate. If employees of the business exercised an option granted by the will to purchase his partnership interest within eight months after his death, the real estate was to pass to a bank in trust for his daughter and her children. If the option was not exercised within this period, the real estate was to pass to his widow. A residuary clause divided the remainder of his estate equally between his widow, absolutely, and the named bank as trustee. After passage of the eight-month period, testator's daughter sought a declaration …

Abstracts Of Recent Cases, J. E. J.

West Virginia Law Review

No abstract provided.