Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Estates and Trusts
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Michigan Law Review
The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …
Wills-Trusts-Unprobated Will Opposed To A Forged Will Fraudulently Probated
Wills-Trusts-Unprobated Will Opposed To A Forged Will Fraudulently Probated
Michigan Law Review
We have now grown accustomed to certain principles which, at the time that they were enunciated, must have been thought anomalous. The comparatively recent case of Winder v Scholey, his oral promise to hold for another, might be declared a trustee ex maleficio, although he was guilty of no actual fraud when he made the promise. A fortiori, it would seem that actual fraud on the part of the devisee should lead to the same result, and such has been the fact for many years. In the case of deeds, however, actual fraud and a subsequent breach …