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Articles 31 - 34 of 34
Full-Text Articles in Estates and Trusts
Wills Can Be Made Unbreakable, Ellis V. Rippner
Wills Can Be Made Unbreakable, Ellis V. Rippner
Cleveland State Law Review
So many will contest cases have been filed in the courts in recent years that it almost seems that whenever a will provides for distribution other than in the manner in which the property would descend in the event of intestacy, the probability of a will contest is present. This article will suggest methods by which a client can be given added assurance that his desires will be fulfilled. There are two aspects to consider: first, those methods which we can employ prior to the death of the testator; and second, the precautions we should use in preparing the will.
Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall
Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall
Cleveland State Law Review
What is the effect of an absolute devise of "proceeds" or "income" of the corpus of an estate where, under a general devise, words clearly importing the creation of a fee simple estate as to the corpus are lacking and there is no express or implied power of sale? More particularly we shall consider the above in the following circumstances:(1) When in the will there is contained an absolute gift of "proceeds" of the corpus; (2) A gift of "proceeds" of the corpus followed by limitation upon the corpus; and (3) Where under a bequest of "proceeds" along with creation …
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Cleveland State Law Review
When the nation's 25th and 47th largest banks, The Union Trust Co. and the Guardian Trust Co. of Cleveland, cracked up in 1933, Ohio's Supreme Court cracked down on the violation of an old but little known rule of fiduciary law: the duty of undivided loyalty. Airing of the principles underlying the rule seems warranted. The rule necessarily is harsh, almost iron-clad. Defenses are few. A defendant inevitably cries on the court's shoulder the same old discredited excuses. Unless the court understands the reasons for the rule, such tears may sway it. Because violation is so costly, a client needs …
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
Cleveland State Law Review
The creator of a trust of any complexity or length of duration usually attempts to create future contingent interests under the trust, or interests to take effect after the termination of the trust. In making provisions for such contingent future interests, the settlor must be careful to respect the Rule Against Remoteness of vesting, if he would have his trust secure against attack. Thus, if S wishes to create a trust by his will in favor of his children and grandchildren, providing for grandchildren who may be born after S's death, it is obvious that he desires to provide for …