Open Access. Powered by Scholars. Published by Universities.®

Estates and Trusts Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Estates and Trusts

Mortgages - Contribution - Right Of Surviving Tenant By The Entirety To Contribution For Joint Mortgage Debt, Stevan Uzelac S.Ed. Nov 1959

Mortgages - Contribution - Right Of Surviving Tenant By The Entirety To Contribution For Joint Mortgage Debt, Stevan Uzelac S.Ed.

Michigan Law Review

Decedent and his wife held title to certain land as tenants by the entirety. Shortly before decedent's death they jointly incurred an indebtedness of $8000 secured by a mortgage on such land. The proceeds of the loan were used to improve the mortgaged property. After decedent's death his widow, having succeeded to full ownership of the mortgaged land, claimed that she was entitled to contribution from decedent's estate for one-half of the joint mortgage debt upon the property. On the executors' petition for a final distribution decree the lower court denied the widow's right to contribution from the estate. On …


Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii Nov 1959

Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii

Michigan Law Review

The comment will deal first with three topics, (1) donor's rights against the donee or mistaken transferee, (2) donee's rights against the donor, and (3) rights of an intended donee against the mistaken transferee. This will be followed by a discussion of the problem which arises when the relative rights of more than two parties are involved.


Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson Apr 1959

Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson

Michigan Law Review

A mother, desiring to divide real property among five children, conveyed two of five shares by separate deeds to her daughter, Edith. Although no instructions were written, it was intended that Edith hold one share for her brother, John, who was mentally ill. Edith had no knowledge of the deed to this share at the time, as it was held by another brother, although the deed of her share was delivered to her. It does not appear when Edith first learned of the deed or the trust. When John died she was told of the deed by her other brother, …