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Full-Text Articles in Estates and Trusts

Domestic Relations -- 1954 Tennessee Survey, William J. Harbison Aug 1954

Domestic Relations -- 1954 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

An important case dealing with testamentary restraint upon adoptions was decided by the Tennessee Supreme Court during the survey period.' The case was one of first impression in this jurisdiction and appears to be one of the few decisions upon the subject in the United States. In his will testator created a trust for his granddaughter, the child of his deceased son. He imposed a condition that if the child were adopted before her eighteenth birthday by someone outside testator's immediate family, and if her name were changed, then the trust should terminate and the corpus be distributed to other …


Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend May 1954

Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend

Michigan Law Review

The net effect of the general legislation pertaining to the creation of joint tenancy has been to make lawyers sensitive to language expressing an intent to create joint tenancy, tenancy by the entireties and other types of survivorship rights which may or may not fall within the foregoing concepts. And so the law has busied itself with the task of giving technical meanings to words used by members of the public in their efforts to create joint rights in property-a task that has not been fully appreciated by people who acquire personal property from bankers, brokers, clerks and the like …


Advancements: Iii, Harold I. Elbert Feb 1954

Advancements: Iii, Harold I. Elbert

Michigan Law Review

Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.


Trusts - Validity And Effect Of Assignment Of Beneficial Interest In Trust For Support - Claims Of Beneficiary's Divorced Wife And Children, William E. Parmenter Jr. Feb 1954

Trusts - Validity And Effect Of Assignment Of Beneficial Interest In Trust For Support - Claims Of Beneficiary's Divorced Wife And Children, William E. Parmenter Jr.

Michigan Law Review

A testamentary trust required the trustee to apply income in such amounts as might be necessary for the education, support and maintenance of H until he attained the age of 35 years; then to hand over the corpus and accrued interest. Contingent interests were created for children of H who might survive his death before the age of 35. After the death of testatrix, H married W and had two children. In an agreement subsequently incorporated in a California decree of divorce obtained by W, H promised to make monthly payments to W for her own support and for the …


Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter Jan 1954

Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter

Michigan Legal Studies Series

The central theme of this study comprises the judicial and legislative rules developed to restrict attempts by men of property to endow their families in perpetuity, usually with land, in such manner that each successive living generation can neither part with the property nor prevent unborn generations from succeeding to it. Part One deals with attempts to accomplish this object by bestowing the whole title on each living generation but denying each such generation the power to dispose of the property or to prevent its· descent to the next generation. In this part the principal restrictive rules are judicial, the …


Income, Gift And Estate Tax Considerations In Marriage And Divorce, G. Van Velsor Wolf Jan 1954

Income, Gift And Estate Tax Considerations In Marriage And Divorce, G. Van Velsor Wolf

Maryland Law Review

No abstract provided.