Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 27 of 27
Full-Text Articles in Law
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 …
Taxation-Federal Estate Tax-Tax Consequences Of A Gift In Contemplation Of Death By A Joint Tenant Or A Tenant By The Entirety, Fredric L. Smith S.Ed.
Taxation-Federal Estate Tax-Tax Consequences Of A Gift In Contemplation Of Death By A Joint Tenant Or A Tenant By The Entirety, Fredric L. Smith S.Ed.
Michigan Law Review
This comment will examine the foregoing problem in light of several recent cases which have cast doubt on the presently conceived relationship between section 2035 and section 2040.
Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.
Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.
Michigan Law Review
A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Michigan Law Review
After there has been a contract to make a will it is often said that the promisor is a trustee of the property for the use of the promisee. This statement is usually offered as a reason for or an explanation of the relief granted in a particular case, without any indication as to how such a premise was arrived at and without any consideration of other possible results that might How from the designation of the relationship as a trust.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Descent And Distribution--The 'Worthier Title" Doctrine In Iowa--A Limitation Established, Lewis R. Williams, Jr. S.Ed.
Descent And Distribution--The 'Worthier Title" Doctrine In Iowa--A Limitation Established, Lewis R. Williams, Jr. S.Ed.
Michigan Law Review
Testator left his entire estate of less than $7,500 to his wife who had predeceased him. Defendants claimed the estate through operation of the anti-lapse statute, as heirs of the wife. As the distribution statute gave the widow of an intestate the first $7,500 of the estate, plaintiffs, heirs at law of the testator, claimed title on a basis of the "worthier title" doctrine, arguing that the widow, had she lived, would have taken by descent and not by purchase, and therefore the anti-lapse statute did not apply. On appeal from a denial of defendants' motion to transfer the proceeding …
Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson
Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson
Michigan Law Review
On April 12, 1938, M executed a demand promissory note, negotiable in form, payable to the order of his daughter, the plaintiff. Simultaneously M prepared and attached a written instrument to the note stating that the plaintiff agreed that she would not attempt to collect the note until M died. The attached instruments were delivered to plaintiff immediately after execution. M died May 23, 1945. Plaintiff, who held the instruments from the date of execution without making any demand for payment, filed the note with the defendant, M's administrator, as a claim against M's estate. The defendant objected …
Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore
Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore
Michigan Law Review
Grantor conveyed certain real property to plaintiff by deed "subject to the following conditions: That upon my death, the Grantee must pay to my Grand Children out of my estate, the sums of money indicated after each name," the amount to be paid totaling $5,000. By this deed grantor transferred practically all of the property of which she was possessed, so that upon her death she left an estate of but $100. Without having paid any part of the amount stipulated in the deed, grantee commenced suit to quiet title as against the named grandchildren, who in .turn counterclaimed. In …
Wills--Construction-Testamentary Intent, J. R. Swenson
Wills--Construction-Testamentary Intent, J. R. Swenson
Michigan Law Review
In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton …
Descent And Distribution-Necessity Of Administration Of Decedents' Estates-Effect Of Statutes Which Change The Devolution Of Personal Property, Neal Seegert S.Ed.
Descent And Distribution-Necessity Of Administration Of Decedents' Estates-Effect Of Statutes Which Change The Devolution Of Personal Property, Neal Seegert S.Ed.
Michigan Law Review
It is almost an axiom of the common law that upon the death of a person the title to his personal property vests in his personal representative. On the other hand it is equally axiomatic that title to real property descends directly to the heirs or devisees, subject to the control of the personal representative and the probate court for purposes of satisfying the debts of the decedent in the absence of sufficient personalty. A number of jurisdictions, however, have by statute altered the common-law doctrine and have provided that title to both personalty and realty passes directly to the …
Deeds-Testamentary Character, James R. Bliss S.Ed.
Deeds-Testamentary Character, James R. Bliss S.Ed.
Michigan Law Review
In 1929 J. J. Coulter and wife signed, acknowledged, and delivered to be recorded an instrument granting in customary form certain described land to their daughter, Eliza Coulter. The instrument then recited, "It is understood between the parties hereto that the grantors are to have the possession, control and occupancy of said lands during their natural life, and at their death the title to said lands shall vest in the said Eliza Coulter, but not until the death of both grantors herein, does the title pass." The present action, presumably instituted after the death of the makers, sought construction of …
Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed.
Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed.
Michigan Law Review
In a tort action to recover damages for the destruction of a will, plaintiff alleged that plaintiff's grandmother had executed a holographic will · prior to her death in October, 1939 by which she devised a farm to her two children for their lives, and at their death to plaintiff in fee; that the defendants, one of the two children and his wife, destroyed the will shortly before plaintiff's grandmother's death and while she was non compos mentis. The petition alleged that if the will had not been destroyed it would have been duly probated, but there was no …
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Michigan Law Review
Testator in his will bequeathed one half of his estate "share and share alike" to his three brothers, naming them, "being to each a one-third part thereof, to them and their heirs forever." Two of the brothers were to testator's knowledge dead at the time he made his will, and the third brother predeceased the testator. In proceedings brought for a construction of the will, held, that the residuary legacies to the brothers did not lapse, but the legacies vested in the respective heirs of deceased brothers. In re Britt's Estate, (Wis. 1946) 23 N.W. (2d) 498.
Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.
Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.
Michigan Law Review
Testator devised one half of the income from an undivided one-third interest in certain real estate to the defendant, his wife, and provided that on her death the undivided one-third interest was to go to his brother and sister, plaintiffs here, if living, otherwise to his children in a certain named order if living. The defendant, testator's widow, elected to take her statutory share against the will, and the county court decreed her a one-half interest in the undivided one third, the other one-half interest going to the plaintiffs. Plaintiffs, also having title to the other two thirds of the …
Wills-Testator's Mistake As To Legal Effect, Robert M. Barton
Wills-Testator's Mistake As To Legal Effect, Robert M. Barton
Michigan Law Review
Testator left the residue of his estate in trust for the benefit of his son, payments to be made in the trustee's discretion. No express provision was made for the disposition of the corpus of the trust in case of the son's death. The contestant, who was one of the testator's heirs, claimed the testator never would have executed such a will had his lawyer informed him that the contestant might be excluded from the remainder interest on the son's death under the rule laid down in Clyde v. Lake. Held: The will stands. There was no showing …
Trusts - What Constitutes Revocation When No Method Specified, Dickson M. Saunders
Trusts - What Constitutes Revocation When No Method Specified, Dickson M. Saunders
Michigan Law Review
By trust deed of 1927, settlor conveyed two mortgages {the first for $5,200, and the second for $1,000, both given by Harry E. Hough and wife) to trustees, in trust for herself for life, and providing for certain disposition upon her death. The trust deed was revocable with reserved power in the settlor to convey, release or otherwise dispose of the property. In 1928 the settlor released both mortgages but took in lieu thereof one mortgage for $6,200 from the same mortgagors on the same property. This substitution was effected to accommodate the mortgagors and no money changed hands. The …
Trusts - Honorary Trust - Authority Of A Successor Trustee, Reed T. Phalan
Trusts - Honorary Trust - Authority Of A Successor Trustee, Reed T. Phalan
Michigan Law Review
Paragraph 24 of testatrix' will gave to the executor and trustee, appointed under the will, $10,000 ''to be used by him to place a memorial window, or some other memorials, to cost any sum in his discretion up to the sum of One thousand Dollars, in Christ Church Cathedral, at St. Louis, Mo., and to place monuments and markers in my family subdivision of the Clark and Glasgow plot in the Bellefontaine Cemetery, at St. Louis, Mo." Soon after testatrix' death the trustee died. A successor trustee was appointed and by special order of the court was authorized to administer …
Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston
Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston
Michigan Law Review
Testatrix died in March, 1935 leaving 5,471 shares of N corporation stock in two trusts with directions that a portion of the income therefrom should be paid to her son during his life with remainder over to another. At the time of testatrix' death the N corporation had a large surplus, and had been paying regular quarterly dividends from current income. From April, 1935 to December, 1937 these quarterly dividends were continued at one dollar per share less than was customary, but because of business conditions they were paid partly from the surplus which had accumulated prior to the death …
Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder
Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder
Michigan Law Review
A glance at any authoritative encyclopedia will confirm the fact that annuity transactions of one sort or another have existed since earliest civilized times. It was not until 1762, however, that the first insurance company of the world was established; at that time began the issuance of annuity contracts similar to our modem contracts. The popularity of such contracts has increased and decreased at various periods in Great Britain. But in the United States, they have assumed importance only since the beginning of this century and have attained a relatively widespread popularity only since the years of prosperity in the …
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Michigan Law Review
After decedent's wife died, claimants, her mother and sister, at the request of the decedent, broke up their home and came to live with him, to keep house for him and to care for his children. These services continued for ten years, at which time the decedent gave claimants his promissory notes aggregating $2,000. They entered these notes as claims against his estate. Held, the claimants' services, even if rendered gratuitously, were performed at the decedent's request and raised a moral obligation which was sufficient consideration for the notes. In re Schoenkerman's Estate, (Wis. 1940) 294 N. W. …
Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom
Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom
Michigan Law Review
Testator devised properties to trustees to provide his wife and son with an income for life. The will directed that upon the death of the survivor the corpus should be distributed to testator's grandchildren. A later codicil changed the will by providing that the trust principal and undistributed earnings left at the death of the survivor of the life tenants should be payable to the grandchildren when they should reach the age of thirty-five years. No provision was made for the continuance of the trust after the death of the life beneficiaries. Upon the death of the life beneficiaries, an …
Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review
Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review
Michigan Law Review
Plaintiff, a bank employee and personal friend of the testatrix, rendered to her and her late husband frequent and considerable services in connection with the management of their property. He received no compensation for these services, but both wife and husband indicated that he was to be compensated in the will of the survivor of the couple. There was evidence that the amount of such compensation was to be as much as $12,000. Actually, plaintiff received about $3,000 by the wife's will. It was not indicated in the will whether or not the legacy was intended to satisfy the indebtedness. …
Trusts - Apportionment Of Annual Taxes Between Life Tenant And Remainderman, Charles F. Dugan
Trusts - Apportionment Of Annual Taxes Between Life Tenant And Remainderman, Charles F. Dugan
Michigan Law Review
Annual taxes on real estate in Massachusetts were assessed on January 1 of each year, and were payable on July and October l, The will set up a trust to pay income to the tenant for life, and to pay the principal to the remainderman. The trustees sought to retain sufficient funds out of income to meet the next year's taxes, fearing that the tenant might not live long enough after January 1 to accumulate sufficient income to meet the taxes, and they brought this bill for instructions. The probate court entered a decree sustaining the trustees' contentions. On appeal, …
Gifts - Marriage And Divorce - Restitution Of Gifts Given In Contemplation Of Marriage, Michigan Law Review
Gifts - Marriage And Divorce - Restitution Of Gifts Given In Contemplation Of Marriage, Michigan Law Review
Michigan Law Review
Plaintiff became engaged to Loretta Burns in 1914 and gave her a diamond ring. This engagement was ended in 1917 and the ring returned. A period of estrangement followed. In 1921, plaintiff gave her a dinner ring, in 1926 a wrist watch, in 1927 an onyx ring, in 1928 a diamond ring. Each gift was given on Christmas Eve. Loretta died in 1935, leaving defendants as heirs and next of kin. Plaintiff filed a suit in replevin and later a declaration in trover and conversion for these gifts. Held, after concluding that the evidence warranted a finding of an …
Testamentary Conditions Against Contest, Olin L. Browder Jr.
Testamentary Conditions Against Contest, Olin L. Browder Jr.
Michigan Law Review
It is the natural desire of any testator that his will be speedily probated after his death and that there be no rancorous bickerings over his estate by his beneficiaries. One might, therefore, expect that no-contest conditions--conditions prescribing forfeiture of any interest under the will if a beneficiary contests probate-would be of common occurrence and that the rules regulating a testator's right to employ them would be well settled. As a matter of fact, conditions of this type have appeared from time to time ever since cases were first reported, but their validity is far from settled; the state of …
Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson
Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson
Michigan Law Review
In 1923 decedent created an irrevocable trust, reserving to herself the income for life with remainders over. Upon decedent's death, it was held that the corpus of the trust was properly a part of decedent's gross estate for Federal Estate Tax purposes. Helvering v. Bullard, (U. S. 1938) 58 S. Ct. 565.
Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee
Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee
Michigan Law Review
A testator's will devised his residuary estate in trust to his daughter for life, remainder to her lawful issue, in default of which the corpus was to be distributed to certain charities. The daughter died without issue. After her death the trustee brought suit against the United States for refund of taxes paid, both parties agreeing that the sole question for determination was the admissibility of evidence of the removal of the daughter's generative organs to prove that at the time of the testator's death it was impossible for her to bear issue. Held, such evidence was admissible. Provident …