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Full-Text Articles in Estates and Trusts
Wills - Execution - Attestation, Max H. Bergman
Wills - Execution - Attestation, Max H. Bergman
Michigan Law Review
Prospective witnesses to a will saw the testatrix standing in an adjoining room engaged in writing. Soon thereafter, the testatrix asked them to come in and sign a paper. Her name had already been written on the document, and she neither signed it in the witnesses' presence nor in any manner indicated the writing to be her will. The witnesses read enough of the document, however, to know it was a will, before subscribing it in the presence of the testatrix and one another. Three of the testatrix' sons objected to the probate of the will on the ground that …
Equity-Power To Rescind Conveyance For Fraud-Survival, Stephen A. Bryant
Equity-Power To Rescind Conveyance For Fraud-Survival, Stephen A. Bryant
Michigan Law Review
Defendants obtained a deed from plaintiffs' testator shortly before he died. Plaintiffs, his residuary devisees, filed a bill seeking cancellation of the deed, alleging that it was procured by undue influence. Defendants demurred on the ground that undue influence is a species of fraud and the power to rescind a conveyance for fraud does not survive the grantor's death. The demurrer was overruled. On appeal, held, affirmed. The power to rescind was not extinguished by the grantor's death. Glojek v. Glojek, (Wis. 1948) 35 N.W. (2d) 203.
Co-Tenancy-Conveyance By Grantor To Himself And Another, Shubrick T. Kothe
Co-Tenancy-Conveyance By Grantor To Himself And Another, Shubrick T. Kothe
Michigan Law Review
Decedent, owning land and personal property thereon, executed a deed purporting to convey to herself and her son a life estate in the property "as joint tenants during their joint lives and an absolute fee forever in the remainder to the survivor of them. . . " Held, the deed created a tenancy in common in both of them during their lives and an estate in fee to the survivor. Hass v. Hass, (Wis. 1946) 21 N.W. (2d) 398.
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Michigan Law Review
The common law rule was well settled that a conveyance to two or more, not husband and wife, made them joint tenants, not tenants in common, unless language was used to show an intent that they were not to be joint tenants. The reason for such a rule having passed, the modern rule is to the opposite effect-two or more conveyees, with certain exceptions, are presumptively tenants in common. The Illinois statute, for example, declares that "no estate in joint tenancy in any lands ... shall be held or claimed under any grant . . . unless the premises therein …
Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston
Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston
Michigan Law Review
Testatrix died in March, 1935 leaving 5,471 shares of N corporation stock in two trusts with directions that a portion of the income therefrom should be paid to her son during his life with remainder over to another. At the time of testatrix' death the N corporation had a large surplus, and had been paying regular quarterly dividends from current income. From April, 1935 to December, 1937 these quarterly dividends were continued at one dollar per share less than was customary, but because of business conditions they were paid partly from the surplus which had accumulated prior to the death …
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Michigan Law Review
After decedent's wife died, claimants, her mother and sister, at the request of the decedent, broke up their home and came to live with him, to keep house for him and to care for his children. These services continued for ten years, at which time the decedent gave claimants his promissory notes aggregating $2,000. They entered these notes as claims against his estate. Held, the claimants' services, even if rendered gratuitously, were performed at the decedent's request and raised a moral obligation which was sufficient consideration for the notes. In re Schoenkerman's Estate, (Wis. 1940) 294 N. W. …
Taxation - Federal Estate Tax - What Is A General Power Of Appointment Within The Meaning Of The Federal Statute?, John H. Pickering
Taxation - Federal Estate Tax - What Is A General Power Of Appointment Within The Meaning Of The Federal Statute?, John H. Pickering
Michigan Law Review
Decedent exercised her testamentary power to appoint the income of a discretionary trust. The commissioner declared a tax deficiency for failure to include the property subject to the power in the gross estate. The executor appealed on the ground that the power was a special power under Wisconsin law since the trustee could withhold the income from any beneficiary. Held, the power was general since it was exercisable in favor of the donee's estate or her creditors and therefore the exercise of the power was taxable under section 302(f) of the Revenue Act of 1926. Morgan v. Commissioner, …
Trusts-Right Of Divorced Wife Of Beneficiary Of Spendthrift Trust To Reach The Beneficiary's Interest In The Trust For Alimony And Support For Children, W. Wallace Kent
Trusts-Right Of Divorced Wife Of Beneficiary Of Spendthrift Trust To Reach The Beneficiary's Interest In The Trust For Alimony And Support For Children, W. Wallace Kent
Michigan Law Review
P, divorced wife of D, brought this action for alimony and for support money for her children. The object of the action was to reach the income from a spendthrift trust created for the benefit of D and his present wife and children in the will of D's mother. The will specifically provided that none of the proceeds of the trust were to go to P or her child. Held, the settlor had the right to devise her property in any manner she chose. There is nothing in the statutes or decisions of Wisconsin which forbid …
Trusts-Executors As Trustees-Existence Of A Res Sufficient To Constitute A Trust
Trusts-Executors As Trustees-Existence Of A Res Sufficient To Constitute A Trust
Michigan Law Review
Testator provided in his will that $35,000 of the estate be set aside in trust for the life of his widow. E, executor of the estate, being named trustee, posted bond, and, while heavily indebted to the estate, attempted to transfer the trust fund to himself as trustee from himself as executor by means of a check upon the estate payable to himself as trustee, which he endorsed and deposited to the credit of his own personal account in the same bank upon which it was drawn. The probate court, treating the check as a valid segregation of the …
Executors And Administrators-Who Is Entitled To Appointment
Executors And Administrators-Who Is Entitled To Appointment
Michigan Law Review
The administration of the decedent's estate was granted to the guardian of her minor child, the issue of a former marriage. The child was the sole heir of his mother, and she had no creditors. The deceased's husband had no interest in her estate. The husband was denied the right to administer his wife's estate under the Wisconsin statute. The statute provides that administration shall be granted in the following order; first, to the widow, surviving husband or next of kin or both if suitable and competent to discharge the trust; second, to one or more of the principal creditors; …
Constructive Trusts - Land Purchased By Agent In Violation Of Fiduciary Obligation To Principal - Statute Of Frauds
Michigan Law Review
Plaintiffs employed defendant to negotiate for the purchase of a certain tract of land, defendant to receive a 5% commission if the purchase was made. Defendant contracted with the owner for the purchase of the land in his own name and made the down payment with his own funds. Plaintiffs demanded an assignment of the contract and on defendant's refusal brought suit to compel a conveyance of the property by defendant as trustee. Held, that a constructive trust may be created where an agent purchases with his own money property which he is employed to purchase for his principal, …
Wills -Validity Of Contracts To Suppress
Wills -Validity Of Contracts To Suppress
Michigan Law Review
Certain children entered into a contract during the lifetime of their parents, by the terms of which it was agreed that if the will of either parent should favor some of the children above others, the favored children would waive their rights under the will and share equally in the real and personal estate of the parents. The will of the father left the whole estate to the mother. Her will omitted any gift to one of the children, and this suit was brought by an assignee of that child to obtain specific performance of the agreement. Held, that …
Wills-Status Of Illegitimates Under Bequest To Children
Wills-Status Of Illegitimates Under Bequest To Children
Michigan Law Review
The testator devised $5,000 to "the children of my deceased sister B, to be divided equally among those living at my death, including the child or children of a deceased child by right of representation." B had one child who predeceased the testator, leaving two illegitimate children, the complainants. Held, the illegitimates can take, providing they can show that the testator knew that they were the only surviving offspring, at the time the will was made. In re Kauffer's will, (Wis. 1931) 234 N.W. 502.
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 …