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Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Michigan Law Review
Defendant admitted killing deceased with unlicensed pistol. The trial court instructed the jury pursuant to a statute which provided that in the trial of a person charged with committing or attempting to commit a felony against the person of another while armed with any firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, the fact that he was so armed should be prima facie evidence of his intent to commit such felony. Upon objection that the statute was unconstitutional as depriving defendant of due process of law, the court held that …
Wills - Conveyance By Testator Of Land Devised As Implied Revocation
Wills - Conveyance By Testator Of Land Devised As Implied Revocation
Michigan Law Review
Testator devised "all the property, real, personal or mixed of which I die seised" to defendant. Subsequently, he and his wife conveyed a portion of the land he then owned to the defendant. Defendant later reconveyed to the testator. Testator never republished his will, nor altered it in any way. Plaintiffs are his heirs at law and insist that as to these lands the will was revoked and the testator died intestate. Held, there was no revocation here. The land in question passed under the devise to the defendant as after-acquired property, the language of the general devise being …
Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan
Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan
Michigan Law Review
Modern decisions have provided an important device for the protection of creditors through extension of the duty of disclosure by persons in extreme financial distress. The remedy chiefly used is rescission, which can be secured on the ground of "fraud," with restitution of property transferred in ignorance of the purchaser's distressed condition. The "fraud" need not consist of express misrepresentation of fact, though express misrepresentation often appears as an independent ground leading to the same result. The commercial importance of the remedies thus developed seems to justify consideration both of their practical consequences and of the theories on which relief …
Executors And Administrators-Executor's ''Right Of Retainer" Of Distributive Share Of Estate Where Distributee Is Indebted To Decedent
Michigan Law Review
A question little noticed by legal writers, but of utmost importance in the administration and distribution of decedents' estates, is the universally recognized right of executors and administrators of the estates to retain a distributive share as satisfaction in whole or in part for a debt due from the distributee to the estate of the decedent. It should be remarked at the outset that the term "retainer" as here used is itself a misnomer; properly speaking, that term refers to the right of an executor, who is himself a creditor of the estate, to retain from its funds in his …
Powers-Exercise Of Power By Residuary Clause In Will-Admissibility Of Evidence To Show Donee's Intent
Michigan Law Review
Testator was the donee of general powers of appointment conferred upon him by his mother's deed and will. By the ninth clause of this will he gave to two named persons "all the rest and residue of my personal property . . . to be divided equitably among the members of said two families as they may in their uncontrolled discretion decide." Held, this did not exercise the powers of appointment. Evidence was admitted to show the testator's knowledge of the nature and scope of his property and of the fact that his estate was being diminished by the …