Law Commons^™

Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons' is an exceptionally complex document with the avowed purpose of radically altering the choice of law rules in the succession field that have traditionally guided all common law jurisdictions as well as many civil law regimes. To date, the conflicts revolution that has engulfed other fields of law such as contracts and torts has barely intruded into the realm of property and succession law. In large part, this has been attributable to the nearly absolute adherence of judges and legislators to the relatively simple, straightforward …

Decedents' Estates, Trusts And Future Interests -- 1961 Tennessee Survey (Ii), Herman L. Trautman

Vanderbilt Law Review

The developments in these areas of Tennessee law during the first part of the year 1961 have been discussed heretofore in a recently published article.' In order to accommodate the transition from a fiscal year to a calendar coverage, however, this article will be limited to those appellate court opinions published after May 31 and not later than December 31,1961. During this period the General Assembly of Tennessee was not in session.

Book Reviews, Winthrop R. Munyan, John W. Fager, Walter P. Armstrong Jr., Jerry L. Moore

Vanderbilt Law Review

Taxation of Foreign Income By Boris I. Bittker and Lawrence F. Ebb. Stanford: Stanford University, 1960. Pp. xii, 580.

reviewer: Winthrop R. Munyan

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The Planning and Administration of Estates Edited by Rene A. Wormser. New York: Practising Law Institute, 1961. Pp. 324.

reviewer: John W. Fager

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How to Evaluate and Settle Personal Injury Cases By Allen Bush Indianapolis: The Bobbs-Merrill Company, Inc., 1959. Pp. x,148.

reviewer: Walter P. Armstrong, Jr.

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The Tax Practice Deskbook By Harrop A. Freeman and Norman D. Freeman Boston and Toronto: Little, Brown and Co., 1960. Pp. vii, 581. $17.50.

reviewer: Jerry L. …

Decedents' Estates, Trusts And Future Interests -- 1961 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

The subject matter will be discussed under the three headings indicated above. The developments of the year' include court decisions and relevant new legislation enacted by the Eighty-second General Assembly of the State of Tennessee. Perhaps the most significant development of probate law in Tennessee during the period was the enactment of the Uniform Testamentary Additions to Trusts Act, referred to generally as the "pour-over" statute. Very likely this statute will have a substantial and dramatic impact upon (1) the arrangements of decedents' estates, and (2). the future role that the executor and the lawyer will have in the settlement …

Decedents' Estates, Trusts And Future Interests, Herman L. Trautman

Vanderbilt Law Review

The subject matter will be discussed under three headings: "Dece- dents' Estates," "Trusts," and "Future Interests." The section on Decedents' Estates will include developments concerning intestate succession, wills and those problems of fiduciary administration involved in the settlement of decedents' estates; the fiduciary administration problems involving trusts will also be discussed in that section. The developments of the year include court decisions, new legislation, and the work of the Section on Real Property, Probate and Trust Law of the Tennessee Bar Association on proposed legislation.

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

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 …

Future Interests And Estates -- 1954 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

Worthier Title--A Rule of Property: In Cochran v. Frierson' the Supreme Court affirmed the rule of Robinson v. Blankenship that the doctrine of worthier title is still a rule of absolute property law in Tennessee, and not a rule of construction. The Blankenship case is nationally recognized as representative of the early English doctrine which was abolished by statute in England in 1833. The doctrine has been modified by the majority of American courts which hold that it is a rule of construction.

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 …

Tax Planning For Nontaxable Estates, William J. Bowe

Vanderbilt Law Review

Owners of modest estates are always greatly relieved to learn of the liberal federal estate tax exemption of $60,000. Freed from the burden of federal estate tax planning they frequently turn their attention to methods of transferring property which will avoid the heavy cost and delay incident to probate administration. Joint ownership, gifts of remainder interests, donee-beneficiary contracts, revocable trusts are among the more common devices available. Use of any one of these plans may accomplish a shift in possession and enjoyment of property upon the death of the planner with no delay and minimum expense.

But the income tax …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Bills and Notes--Fictitious Payee Known only to Fraudulent Employee of Drawer--Negotiable Instruments Law v. Fictitious Payee Act

Constitutional Law--Amendment and Revision--Power to Call Constitutional Convention Limited to Consideration of Specific Topics

Constitutional Law--Interstate Commerce--Dental of License to Ship Milk Held Invalid

Constitutional Law--Separation of Powers--Legislative Control over Admission to the Bar

Contracts--Recited Cash Consideration--Effect of Non-payment

Contracts--Statute of Frauds--Letterhead as a Signature

Criminal Procedure--Communication between Judge and Jury--Effect of Inquiry as to Pronounced Majority

Criminal Procedure--Constitutional Right to Public Trial--Power of Court to Order Courtroom Cleared of Spectators

Estates--Disability of Life Tenant to Purchase Tax Title to Exclusion …