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Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg
Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg
Michigan Law Review
H and W each conveyed their separate farms to themselves as joint tenants by means of a third-party conduit. The deeds were not recorded, and H and W continued to regard their respective farms as belonging to themselves individually. In 1951, W, faced with imminent death, executed a will calling for the payment of certain bequests out of her farm or its proceeds. H agreed to act as executor and promised that the bequests would be paid. H had recorded the joint tenancy deeds before W died, but had not paid the bequests when he died intestate two years …
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Michigan Law Review
Testatrix left a will containing the following bequest: ". . . I give, devise and bequeath to my brothers and sisters, A, B, C, D and the children of E (naming them), and F and G, all the ... residue ... of my Estate ... both real and personal of whatsoever kind . . . and wherever situated should be sold and distributed in equal share, share and share alike .... " G died before the testatrix, and her share lapsed. The trial court held that G's share passed as intestate property of the testatrix. On appeal, held, …
Future Interests - Construction - Implied Condition Of Survivorship, Herbert A. Bernhard S.Ed.
Future Interests - Construction - Implied Condition Of Survivorship, Herbert A. Bernhard S.Ed.
Michigan Law Review
Decedent's will gave the income from his estate to his widow for life. After her death the estate was to be held for an additional ten years, during which time the income was to be equally divided among his named daughters, Jennie, Bertha, Ida and Martha. At the end of the ten-year period, the estate was to be divided among the four daughters in equal shares, with the children of a daughter not surviving the ten-year period to take her share. Martha died three years after decedent's widow died. Plaintiff, as administrator of Martha's estate, objected to the payment by …
Wills - Execution - Attestation, Max H. Bergman
Wills - Execution - Attestation, Max H. Bergman
Michigan Law Review
Prospective witnesses to a will saw the testatrix standing in an adjoining room engaged in writing. Soon thereafter, the testatrix asked them to come in and sign a paper. Her name had already been written on the document, and she neither signed it in the witnesses' presence nor in any manner indicated the writing to be her will. The witnesses read enough of the document, however, to know it was a will, before subscribing it in the presence of the testatrix and one another. Three of the testatrix' sons objected to the probate of the will on the ground that …