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Full-Text Articles in Estates and Trusts

Abstracts, Mary Jane Plumer Oct 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith Aug 1945

The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith

Michigan Law Review

It has long been the policy of the law to provide for a widow by setting aside some portion of her deceased husband's estate for her future support. Such a policy, it has been said, dates back to the laws of Hammurabi and later evidences of it may. be found in the Justinian Code of the Roman Law, and in English law from the earliest times; its final manifestation being in the well-known common law dower. It is not with dower, however, that we are here concerned, for that institution is sufficiently well understood to require no discussion in this …


Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed. Feb 1945

Trusts-Statute Of Frauds-Oral Trust Of Land And Proceeds, Margaret Groefsema S.Ed.

Michigan Law Review

A conveyance was made of real property impressed with an oral trust unenforceable because of the statute of frauds requiring trusts of interests in land to be in writing. The land was later sold and the plaintiff as beneficiary of the parol trust sought to reach the proceeds of the sale. Held, the statute of frauds does not apply to personal property. Therefore the oral trust may be impressed upon the proceeds even though it could not have been enforced while the trust res remained realty. Simpson v. Clark, (Mass. 1944) 55 N.E. (2d) 10.