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The Winds Of Change In Wills, Trusts, And Estate Planning Law, The Editor
The Winds Of Change In Wills, Trusts, And Estate Planning Law, The Editor
Vanderbilt Law Review
The articles in this Symposium illustrate three different aspects of change. The essay by Professor Fellows provides an analysis and criticism of one very important change, the trend toward the use of a legislative rather than judicial forum to create new law. In the second article, Professor Rein discusses adoption and proposes a mechanism by which the laws of succession can be modernized better to reflect the social phenomenon of adoption,whether of children or adults, legal or equitable. Professor Miller and Mr. Rainey in their article examine the premises that have prompted the increasing use of a revocable trust rather …
Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Validity of Instrument Which Only Appoints Fiduciary--Is an instrument which makes no testamentary gift, but only designates or appoints the personal representative to administer the estate and provides certain special powers of fiduciary administration entitled to probate as a valid will? While it has been said that there need be no dispositive gift of property to entitle a testamentary writing to probate as a will,' there seems to have been no definite court decision in Tennessee so holding until the recent case of Delaney v. First Peoples Bank of Johnson City. In that case a writing properly executed with the …
Decedents' Estates, Trusts And Future Interests -- 1963 Tennessee Survey, Herman L. Trautman
Decedents' Estates, Trusts And Future Interests -- 1963 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Three interesting cases represent significant developments in the laws concerning the distribution of amounts received by the administrator in wrongful death actions, two' of which arose under the Tennessee wrongful death statute and the other arising under the Federal Employers' Liability Act. The two cases arising under the Tennessee statute were problems of somewhat first impression,reasoned upon analogy, and the case arising under the federal statute resulted in the Tennessee Supreme Court overruling its prior decision.
Decedents' Estates, Trusts And Future Interests -- 1958 Tennessee Survey, Herman L. Trautman
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 …
Humor In Or Of Wills, Elmer M. Million
Humor In Or Of Wills, Elmer M. Million
Vanderbilt Law Review
Wills are of great antiquity. According to Moslem tradition, Adam(the original, as distinguished from the Old) drafted a will which was handed down orally until reduced to writing in the time of Mahomet. Medieval scholars seriously debated whether this will existed. However, "the authenticity of this will has not been established." If written after Adam's eviction from the Garden of Eden for breach of a substantial condition of the tenancy, it would presumably be a testament only, Adam no longer having any interest in land to transmit.
Wills, Trusts And Estates -- 1957 Tennessee Survey, Herman L. Trautman
Wills, Trusts And Estates -- 1957 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
The subject matter of this article will be presented in four parts entitled Wills, Trusts, Future Interests and Fiduciary Administration. The latter will include the developments of the year concerning both the administration of decedents' estates and the administration of trust estates because to an increasing extent the statutes and decisions are relevant to both kinds of fiduciary administration. Legislative developments concerning probate law are also included under each heading as well as the court decisional developments.
Wills, Trusts And Estates--1956 Tennessee Survey, W. J. Bowe
Wills, Trusts And Estates--1956 Tennessee Survey, W. J. Bowe
Vanderbilt Law Review
The Tennessee statute creates a rebuttable presumption that any transfer or conveyance of property to a child shall be treated as an advancement. The above evidence would seem adequate to rebut the presumption but the court went further and stated that, without regard to this evidence, the transfer was not to be so treated since an advancement must be irrevocable and in presentae. Query, if this language may not be misleading and cause confusion in later cases. American case law does not require that an advancement be irrevocable. Thus the proceeds of a life insurance policy, though the decedent retained …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Congressional Investigations --Relevancy of Required Testimony
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Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State
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Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime
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Evidence--Judicial Admissions--Testimony as to Objective Facts
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Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity
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Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures
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Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership
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Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition
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Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant
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Torts--Landowner--Duty to Social Guest
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Wills--Pretermitted Heir Statue--Sole …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Constitutional Law--Equal Protection--Automatic Reversion of Land to Grant or Upon Use by Non-Whites
Constitutional Law--Federal Eminent Domain--Potentiality for Water Power Development as Element of Compensation
Contracts--Place of Making--Acceptance by Instantaneous Means of Communication
Insurance--Automobile Liability Omnibus Clause-Coverage of Sub-Permitee
Insurance--Insurer's Right of Subrogation--Waiver by Refusal to Pay Claim
Master and Servant--Borrowed Servant Doctrine--Contract as Proof of Assumption of Control
Wills--Anti-Lapse Statutes--Beneficiaries of Class Gift Dead at Will's Execution
Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe
Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe
Vanderbilt Law Review
Execution of Wills:
Under the Tennessee Code a will valid at the place of execution is valid under the laws of Tennessee. A testator domiciled in Tennessee executed a will in Mississippi in the presence of two witnesses, but thinking that the will should be acknowledged by a notary public rather than subscribed by the witnesses, he had the acknowledgment taken by a Mississippi notary public. As the Mississippi statute is peculiar in that it merely requires "that the Will shall be attested by two or more credible witnesses" rather than the usual "shall be both attested and subscribed" the …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases --
Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment
Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage
Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature
Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB
Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured
Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion
Wills--Holographic Codicil--Publication of an Invalid Typewritten Will
Use Of Survivorship Clauses In Wills, Harold A. Bowron, Jr.
Use Of Survivorship Clauses In Wills, Harold A. Bowron, Jr.
Vanderbilt Law Review
Today a draftsman of wills should consider the increased risks of multiple deaths resulting from the hazards of modern living in general and travel by airplane and automobile in particular. He should be aware of the possibility of the client's death with his intended beneficiary within a short period, in a common disaster, or under circumstances in which there is no evidence of survivorship. The failure to provide for these possibilities may lead to the frustration of a testamentary disposition, as a beneficiary must survive the testator in order to take under the testator's will.' Further, the advent of the …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
CONSTITUTIONAL LAW--ALIENS--CONSTITUTIONALITY OF McCARRAN ACT
CONSTITUTIONAL LAW--DUE PROCESS--DUTY OF NON-RESIDENT VENDOR TO COLLECT USE TAX
CONSTITUTIONAL LAW--DUE PROCESS--TAXABLE SITUS OF PROPERTY OF INTERSTATE AIR CARRIER
DOMESTIC RELATIONS--INFANTS--RIGHT TO DISAFFIRM SEPARATION AGREEMENT
DOMESTIC RELATIONS--RES ADJUDICATA--FAILURE TO CROSS CLAIM IN SEPARATE MAINTENANCE SUIT AS BAR TO SUBSEQUENT DIVORCE
FEDERAL JURISDICTION AND PROCEDURE--FEDERAL STATUTORY RIGHT--CHARACTERIZATION OF RIGHT FOR PURPOSE OF APPLYING STATE STATUTE OF LIMITATIONS
INCOME TAXATION--TAXABLE INCOME--INCLUSION OF PROCEEDS OF PUNITIVE DAMAGES
NATURAL GAS ACT--STATUTORY CONSTRUCTION--SCOPE OF STATUTE AS AFFECTED BY SUBSEQUENT DECISIONS
NEGLIGENCE--USED-CAR DEALER--DUTY TO INSPECT
SALES--IMPLIED WARRANTY--REQUIREMENT OF PRIVITY BETWEEN PROCESSOR AND ULTIMATE CONSUMER
TORTS--UNATTENDED AUTOMOBILE STATUTE--LIABILITY OF OWNER FOR …
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Vanderbilt Law Review
Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts. But in absence of any violation of public policy a testator is free …
Real Property, Herman L. Trautman
Real Property, Herman L. Trautman
Vanderbilt Law Review
The Tennessee cases in the fields of Real Property and Future Interests have been quite abundant during the period' covered by this Survey. Because of the number of cases and the very interesting and novel problems presented in some of them, and because the scope of the law of Future Interests includes cases which involve Wills and Personal Property as well as Real Property, it is believed that the reader will find it more feasible to consider the Future Interest cases in a separate article appearing in this Survey. Therefore, notwithstanding some overlapping, the emphasis of this article will be …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Agency--Liability of Master for Servant's Acts--State Permit to Operate
Agency--Possession as Indicia of Ownership
Constitutional Law--Aliens--Detention Where Deportations is Impossible
Courts--Contempt--Delay in Summary Punishment
Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement
Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart
Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price
Income Taxation--Taxable Income--Claim of Right
Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report
Procedure--Statute of Limitations--Retroactive Operation
Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment
Wills--Contest--Interest of Legatee's Representative
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582
Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited
Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power
Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order
Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent
Damages--Injury to Child--Expenses of Parent in Attending Child
Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action
Domestic Relations--Legitimation Statute--Interpretation and Effect
Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING
CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS
CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT
CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED
CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE
FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION
INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE
RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?
TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT
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AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE
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BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION
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CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT
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CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS
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CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION
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CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE
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CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
ADJOINING LAN DOWNERS--OVERHANGING BRANCHES--INJUNCTION AGAINST MAINTENANCE REFUSED
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ADMINISTRATIVE LAW--ZONING BOARD--RIGHT OF BOARD TO APPEAL FROM ADVERSE DECISION OF LOWER COURT
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CONSTITUTIONAL LAW--FREEDOM OF RELIGION--STATUTE OUTLAWING SNAKE-HANDLING
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CONSTITUTIONAL LAW--STATE CONSTITUTIONAL REQUIREMENT FOR VOTING TO "UNDERSTAND AND EXPLAIN" THE CONSTITUTION--EFFECT OF DISCRIMINATORY ADMINISTRATION AGAINST NEGROES
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CONTRACTS--OFFER AND ACCEPTANCE--EFFECT OF ATTEMPTED REVOCATION OF UNILATERAL OFFER AFTER PART PERFORMANCE
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CRIMINAL LAW--DOUBLE JEOPARDY--CONVICTION OF HIGHER OFFENSE ON RETRIAL
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CRIMINAL LAW--LARCENY--SINGLE ACT CONSTITUTING SEPARATE OFFENSES
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FEDERAL JURISDICTION--AMOUNT IN CONTROVERSY--DEGREE OF EVIDENCE REQUIRED
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INSURANCE--INCONTESTABLE CLAUSE--EFFECT ON ACTION BY INSURER TO REFORM POLICY
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LOTTERIES--SLOT MACHINES--FREE GAMES AS PROPERTY OF …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
ADMINISTRATIVE LAW--RADIO LICENSES--FCC CONTROL OF RADIO PROGRAMMING
CONSTITUTIONAL LAW--CORPORATIONS--STATUTE REQUIRING SECURITY FOR COSTS IN STOCKHOLDER'S DERIVATIVE SUIT
CONSTRUCTIVE TRUSTS--TAX SALES--RIGHT OF REMAINDERMAN TO PURCHASE AT TAX SALE TO THE EXCLUSION OF LIFE TENANT
CRIMINAL PROCEDURE--EVIDENCE--EXCLUSION OF VOLUNTARY CONFESSION OBTAINED DURING ILLEGAL DETENTION
DOMESTIC RELATIONS--ALIMONY-POWER OF COURT TO MODIFY OR REMIT PAST DUE INSTALLMENTS
EMINENT DOMAIN--REMOVAL COSTS WHEN PART OF A LEASE IS TAKEN--EFFECT OF RENEWAL OF OPTION TAKING ALL OF LEASE
EVIDENCE--CHARACTER WITNESS FOR ACCUSED--CROSS-EXAMINATION AS TO KNOWLEDGE OF ARREST MANY YEARS PREVIOUSLY
FEDERAL PROCEDURE--FOREIGN CORPORATIONS--WAIVER OF VENUE BY DESIGNATION OF AGENT FOR SERVICE OF PROCESS
FULL FAITH AND CREDIT--SUIT …
Book Reviews, Philip A. Hendrick Reviewer, Charles L.B. Lowndes (Reviewer), Adrian W. Dewind (Reviewer), Chas. A. Morehead (Reviewer), John R. Stivers (Reviewer)
Book Reviews, Philip A. Hendrick Reviewer, Charles L.B. Lowndes (Reviewer), Adrian W. Dewind (Reviewer), Chas. A. Morehead (Reviewer), John R. Stivers (Reviewer)
Vanderbilt Law Review
An Estate Planner's Handbook By Mayo Adams Shattuck
Boston: Little, Brown & Company, 1948. Pp. 575. $7.50
reviewer: Philip A. Hendrick
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Estate Planning and Estate Tax Saving By Edward N. Polisher
Philadelphia: George T. Bisel Company. Second Edition, 1948. 2 Volumes. Pp. xxxii, 923. $20.00
reviewer: Charles L.B. Lowndes
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Federal Taxes--Corporations and Partnerships, 1948-49 By Robert H. Montgomery, Conrad B. Taylor and Mark E. Richardson
Vol. I: Gross Income and Deductions Vol. II: Taxes, Returns and Administration New York: The Ronald Press Company, 1948. Pp. xiii, 1001; pp. iv, 881. $20.00
Federal Taxes--Estates, Trusts and Gifts, 1948-49
By …