Law Commons^™

Personal Property - Gifts - Delivery To Third Party, Thomas A. Dieterich S.Ed.

Michigan Law Review

A husband changed the beneficiary of his life insurance policy from his wife to his mother during a temporary separation and failed to restore his wife as beneficiary after reconciliation. Subsequent to his death the mother, in the presence· of the wife, signed a memorandum "waiving" her policy rights "to" the wife and handed the writing to the insurer's district manager. Before payment of the proceeds the mother discovered that the wife was the beneficiary of another policy and attempted to revoke the memorandum. In insurer's interpleader action, a gift to the wife was recognized. On appeal, held, affirmed. …

Future Interests - Rule Against Perpetuities - Recent Statutory Amendment In New York, Paul K. Gaston S.Ed.

Michigan Law Review

After 128 years of criticism and confusion and enormous amounts of litigation, New York has amended its statutory rule against perpetuities. The old rule provided that the absolute power of alienation could not be suspended for longer, than "two lives in being" at the creation of the estate plus a minority exception in some cases. Under the new rule the absolute power of alienation can be suspended for a period measured by any number of "lives in being" at the creation of the estate so long as they are not "so designated or so numerous as to make proof of …

Wills - Testamentary Additions To The Corpus Of An Inter Vivos Trust-Recent Judicial And Legislative Developments, Richard I. Singer S.Ed.

Michigan Law Review

The shape of the law relating to testamentary additions to the corpus of an inter vivos trust was outlined in 1951 by Professor George E. Palmer in an article entitled "Testamentary Dispositions to the Trustee of an Inter Vivos Trust." It is the purpose of this comment to consider recent developments in this area. A generalized formulation of the problem to be dealt with is-may a valid bequest be made to the trustee of an inter vivos trust without setting out the terms of the trust in the will?

Decedents Estates And Trusts—Wills—Incorporation By Reference, Buffalo Law Review

Buffalo Law Review

In re Ivie's Will, 4 N.Y.2d 178, 173 N.Y.S.2d 293 (1958).

Decedents Estates And Trusts—Charitable Bequests And The Doctrine Of Cy Pres, Buffalo Law Review

Buffalo Law Review

In re Syracuse University, 3 N.Y.2d 665, 171 N.Y.S.2d 545 (1958), reversing In re Heffron, 2 A.D.2d 466, 156 N.Y.S.2d 779 (4th Dep't 1956).

Decedents Estates And Trusts—Trusts—Stock Dividends And Stock Splits For Purposes Of Distribution Under Trust Instrument, Buffalo Law Review

Buffalo Law Review

In re Fosdick, 4 N.Y.2d 646, 176 N.Y.S.2d 966 (1958).

Decedents Estates And Trusts—Recovery By Executor For Services Of His Accounting Firm, Buffalo Law Review

Buffalo Law Review

In re Tuttle's Estate, 4 N.Y.2d 159, 173 N.Y.S.2d 279 (1958).

Decedents Estates And Trusts—Wills—Power Of Appointment, Buffalo Law Review

Buffalo Law Review

In re Deane's Will, 4 N.Y.2d 326, 175 N.Y.S.2d 21 (1958).

Decedents Estates And Trusts—Will Construction, Buffalo Law Review

Buffalo Law Review

In re Gautier's Will, 4 N.Y.2d 502, 169 N.Y.S.2d 4 (1957).

Decedents Estates And Trusts—Escheat Of Decedent Veteran's Estate, Buffalo Law Review

Buffalo Law Review

In re Hammond's Estate, 3 N.Y.2d 567, 170 N.Y.S.2d 505 (1958).

The Time To Which Words Of Survivorship In A Will Refer

Washington and Lee Law Review

No abstract provided.

Two Problems In Estate Administration In Virginia: Disposition Of Income And Payment Of Interest On Legacies, Edward S. Graves, J. Frank Shepherd

Washington and Lee Law Review

No abstract provided.

The Testator's Intention As A Factor In Determining The Place Of Probate Of His Estate

Indiana Law Journal

No abstract provided.

Wills And Probate, William Roetcisoender

Washington Law Review

Covers cases on objection to probate of will at time of original application for probate and on executors and administrators—mortgagee's right to a deficiency judgment against other assets of the estate or against the executor.

Trusts, Fred Bruhn

Washington Law Review

Covers cases on resulting trusts—purchase money paid by resulting trustee as loan to beneficiary.

Book Reviews, Ronan E. Degnan (Reviewer), James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)

Vanderbilt Law Review

Book Reviews:

Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00

reviewers: Ronan E. Degnan and David W. Louisell

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Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.

reviewer: James J. Lenoir

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The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.

reviewer: David H. Vernon

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Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …

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--Holographic Cancellation Of Life Estate Also Cancels Remainder, R. G. D.

West Virginia Law Review

No abstract provided.

Taxation - Federal Estate Tax - Insurance And Annuity Combinations, John B. Schwemm S.Ed.

Michigan Law Review

Decedent, aged seventy-six, invested in three single premium life insurance policies. Issuance of each was conditioned on the purchase of a single life, nonrefundable annuity of specified value, and no physical examination was required. Each combination was balanced so that the total premium, exclusive of loading charges, equalled the face value of the insurance. The resulting correlation between compound interest and annuity disbursements made the guaranteed payments to the annuitant correspond precisely with the expected income of a reinvestment of the entire deposit by the insurer. Decedent retained the annuity rights, but all present and future interests in the life …

Wills - Devise To Executor For Further Distribution - Application Of Trust And Power Doctrines, William P. Wooden S.Ed.

Michigan Law Review

This comment is designed to demonstrate the potential. anomalies which exist in traditional thinking in this area and to point up some possibilities for correlation of the hitherto unrelated concepts developed in the trust and power realms.

Conflict Of Laws - Estoppel - Extra-Territorial Effect Of Probate Decree, Thomas A. Hoya S.Ed.

Michigan Law Review

Testator, domiciled in California, by his will created a charitable trust of his residuary estate which included lands located in North Dakota. Under California law, the charitable bequest was valid to the extent of only one-third of the residuary estate. Upon distribution of the trust estate by the California court, the charity appeared and received its one-third of the entire residuary property. The trustee then filed with the North Dakota court, asking that the North Dakota land be distributed in accord with the California decree. Since there was no limitation on the validity of the charitable bequest in North Dakota, …

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) …

Omission Of Mistaken Insertions In Will Contests

Indiana Law Journal

No abstract provided.

Tax Management Of Estates And Trusts, By Practising Law Institute, Merle H. Miller

Indiana Law Journal

No abstract provided.

Probate Law Digest, Londo H. Brown

West Virginia Law Review

No abstract provided.

Scope Of Authority Of The County Court And The Commissioner Of Accounts In The Probate Of Estates, I. A. P.

West Virginia Law Review

The scope of authority of the county court and its commissioner of accounts in regard to the probate of estates seems to have caused a great deal of consternation of late among the lawyers of West Virginia. This note makes no attempt to clarify that confusion, but serves only to put into print the problem as it exists today. Any clarification must necessarily be made by the West Virginia Legislature.

Fiduciary Administration - Nominee Statutes - Transfer Of Securities Held For The Benefit Of Another, Joseph T. De Nicola

Michigan Law Review

Michigan is the forty-second jurisdiction to enact a nominee statute. Nominee statutes authorize a fiduciary to nominate a third person to hold stock or securities in the third person's name without giving notice on the stock certificate or on the transfer books of the corporation of his qualified ownership. For the most part it has been assumed that these statutes would facilitate a more rapid transfer of securities. It is the purpose of this comment to compare and analyze these statutes and to determine whether they are the most effective means of accomplishing the end they are intended to serve.

Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler

Michigan Law Review

From what has preceded it is apparent that none of those who would reform the rule against perpetuities, excepting Professor Simes, has suggested that the rule's application to remoteness of vesting alone requires investigation. Yet there is little doubt that this aspect of the rule has caused as much if not more litigation than those which have been so harshly condemned. Proof of this assertion will not be undertaken, for every property lawyer knows how frequently courts are called upon to determine whether for purposes of the rule an interest is "vested" or "contingent." Professor Simes put it well when …

Wills - Revocation - Loss Of A Duplicate Will, John W. Gelder

Michigan Law Review

Testator, who had executed his will in triplicate, retained two originals in his possession, but only one of them could be found after his death. Plaintiff sought to probate this document, but the lower court held that the plaintiff had not rebutted the presumption of revocation arising from the loss or destruction of one duplicate and refused to grant probate. On appeal, held, reversed. The presumption that the testator destroyed one original with an intention to revoke his will is rebutted by the fact the testator had preserved another original in his possession. Jones v. Mason, (La. 1958) …

Emergency Deviation From Terms Of Trust

Washington and Lee Law Review

No abstract provided.