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Full-Text Articles in Estates and Trusts

Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed. Nov 1952

Real Property-Tenancy By Entireties-Creation By Deed From Husband To Husband And Wife, Richard P. Matsch S. Ed.

Michigan Law Review

H owned real estate in fee simple. His wife, W, joined with him in a warranty deed conveying the land to themselves with the expressed intention of creating a tenancy by entireties. H died and his heirs challenged W's right to take the fee by survivorship. The trial court held that a tenancy by entireties had been created and the wife properly took the fee. On appeal, held, affirmed, one judge dissenting. An Arkansas statute providing that a married man may convey "the interest specified in the deed" directly to his wife permits a husband, already owner …


Restraints On Alienation Of Legal Interests In Michigan Property: Ii, William F. Fratcher Apr 1952

Restraints On Alienation Of Legal Interests In Michigan Property: Ii, William F. Fratcher

Michigan Law Review

"Estate for life" is a generic term embracing interests in land of several types. The duration of such an estate may be measured by the life of the tenant himself, by the life of some other person, by the joint lives of a group of persons (i.e., the life of the member of the group who first dies), or by the life of the survivor of a group of persons. In the last two cases the tenant himself may or may not be a member of the group. When the duration of the estate is measured by the life of …


Wills-Execution And Revocation Of Duplicate Wills, Richard F. Hooker Feb 1952

Wills-Execution And Revocation Of Duplicate Wills, Richard F. Hooker

Michigan Law Review

Testatrix executed three identical copies of her will. Counsel advised her that in the event she should desire to make a new will she must destroy "both copies of the will in her possession and he would 'definitely destroy the copy' which he retained.'' Thereafter, testatrix destroyed one of the two copies retained by her and struck out an objectionable devise in the other copy. Testatrix made no attempt to alter or destroy the third copy, although she was in temporary possession of it at a later date. The legatee (plaintiff) was successful in setting aside the decree of final …