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Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr.
Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr.
Michigan Law Review
Judgment was entered upon a jury verdict for the plaintiff. Defendants thereupon filed their intention to move for a new trial, but before the motion could be heard the trial judge died and assignment was made for hearing before another judge of the same court. Section 661 of the California Code of Civil Procedure directed that, "The motion for new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county …
Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris
Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris
Michigan Law Review
Plaintiff set up an irrevocable trust of $75,000 to pay the income to himself for life, and upon his death to distribute the remainder of the trust to his heirs at law according to the laws of succession of the State of California in existence at his death. He later brought suit to terminate the trust on the theory that the worthier title doctrine prevented the creation of a remainder in his heirs at law, and that as sole beneficiary of the trust, he was entitled to termination. Held, the worthier title doctrine was inapplicable because of a statute …
Executors And Administrators-Personal Tort Liability-Effect Of Statutes Authorizing Continuance Of Decedent's Business, Leroy H. Redfern S.Ed.
Executors And Administrators-Personal Tort Liability-Effect Of Statutes Authorizing Continuance Of Decedent's Business, Leroy H. Redfern S.Ed.
Michigan Law Review
It is the purpose here to consider the effect of statutes which provide authority for personal representatives to operate a business on the representatives' tort liability. An important factor in deciding whether the statutes change the common law rules relating to tort liability of executors and administrators is the manner in which the courts regard those rules-are they fair and do they make for good law, or are they harsh and arbitrary? For this reason attention is first directed to the practical operation of and reasons behind the common law doctrine.
Trusts-Charities-Erection Of Monument, J. Barrett
Trusts-Charities-Erection Of Monument, J. Barrett
Michigan Law Review
Testatrix directed "that my executors . . . erect in the courthouse park at Madera, California, a granite tower . . . to contain a carillon . . . to be placed in the park at a reasonable cost . . . with an inscription . . . to be cut in a conspicuous place on the granite . . . to read as follows: 'Dedicated to the memory of all those . . . who strove to make Madera and Madera County all that it is. John L. Butin, M.D. Mary Ryerson Butin, M.D.'" Held, the devise constituted …
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Michigan Law Review
In the course of evolving workable doctrines which give substance and meaning to the skeletal phrase "due process of law" as used in the Fourteenth Amendment to limit state action, the Supreme Court has frequently been called on to determine the scope of the several prohibitions and guarantees of the Bill of Rights of the federal Constitution. This general problem, and more particularly the application of the Fifth Amendment self-incrimination clause to state criminal proceedings, was again presented in a recent case and resulted in a sharp division of opinion within the Court.