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Joint Tenancy: The Estate Lawyer's Continuing Burden, John E. Riecker
Joint Tenancy: The Estate Lawyer's Continuing Burden, John E. Riecker
Michigan Law Review
The discussion which follows will be divided into three major parts. First, it will be important to see why so much real and personal property remains in joint tenancy between husband and wife or in entireties tenancy. It has been almost eighteen years since Congress eliminated the necessity of holding property in this form in order to split income therefrom for income tax purposes. Is inertia the only reason for the popularity of joint ownership, or are there other reasons? Second, we shall review the familiar but false assumptions most laymen (and even a few attorneys) commonly make regarding the …
Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe
Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe
Cleveland State Law Review
As pioneering judges base their decisions more and more on fairness and practicality, timeliness becomes an important test for any rule of law. This test becomes particularly pertinent when there exist, side by side, in connection with a single point of law, two irreconcilable views, both of which can boast of proud precedents and a heavy "weight of authority." Such are the two views in regard to the very old landlord-tenant problem with which we are here concerned: in the absence of an express provision, is there implied, in the lessor-lessee relationship itself, an obligation on the part of the …