Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Conveyance (2)
- Absolute gift (1)
- Advancement (1)
- Alienation (1)
- Andrews v. Hall (1)
-
- Bequeath (1)
- Bequeathment (1)
- Burden of proof (1)
- Child (1)
- Contract (1)
- Death (1)
- Future interest (1)
- Hotchpot doctrine (1)
- Intent (1)
- Interest (1)
- Joint tenants (1)
- Language (1)
- Minor (1)
- Money (1)
- Pay on death (1)
- Possessory interest (1)
- Promisee interest (1)
- Real property (1)
- Right of survivorship (1)
- Semantics (1)
- Stephens v. Smith (1)
- Support and maintenance (1)
- Tenancy in common (1)
- Testamentary (1)
- Transfer of property (1)
Articles 1 - 4 of 4
Full-Text Articles in Estates and Trusts
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend
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 …
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Michigan Law Review
Testator devised real estate to his wife for life, remainder to his children, "with the following understanding," that should any child attempt to dispose of his interest before the death of the testator's wife, that child would forfeit his share and it would go to the remaining children. After the death of the testator, but before the death of his widow, one son conveyed away his interest in the property. In a suit for the partition of the real estate devised by the testator; held, on appeal, restraints on the alienation of vested estates in fee simple are against …
Advancements: Iii, Harold I. Elbert
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.