Estates and Trusts Commons^™

Crews V. Taylor: A Testator's Intent Can Be No Less Than His Command, Samuel Stuart Goren

North Carolina Central Law Review

No abstract provided.

Trusts And The Doctrine Of Estates, Olin L. Browder Jr.

Michigan Law Review

The "doctrine of estates" is the common law system for the classification of divided ownership. Its primary purpose is to differentiate the legal consequences of the variety of concurrent, present, and future estates, but it also serves to differentiate the dispositive language required to create or transfer such estates. The doctrine of estates, therefore, embraces a sizable part of the law of conveyancing, including the large body of doctrine known as rules of construction.

In modern practice the classification and construction of present and future interests usually occurs with respect to beneficial interests in trust. It has not been sufficiently …

Report Of Seminar On Estate Planning, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Donald Macdonald, William B. Peden, Cynthia H. Camuel, Williasm S. Dillon, William P. Sturm, J. E. Banahan, John Peter Frank Iii, Edward A. Rothschild, Ronald S. Leventhal, Michael Winston

Continuing Legal Education Materials

Reports from the UK/CLE Seminar on Estate Planning held July 19-20, 1974.

Multiple Party Accounts: Georgia Law Compared With The Uniform Probate Code, Richard V. Wellman, J. Foster Clark

Scholarly Works

Joint accounts established in financial institutions have become increasingly popular as inexpensive and convenient means of nontestamentary disposition of wealth. Varied and often unsuitable legal theories which have been relied upon to validate such attempts have, however, resulted in inconsistent case results in what should otherwise be a fairly simple area. In their article, Professor Wellman and Mr. Clark explain this disparate treatment and demonstrate the desirability of Article VI, Part 1 of the Uniform Probate Code as a statutory solution for the problems presented.

The Personal Representative's Power To Sell Realty In Virginia

William & Mary Law Review

No abstract provided.

The Tax Recommendations Of The Commission On The Bankruptcy Laws--Income Tax Liabilities Of The Estate And The Debtor, William T. Plumb Jr.

Michigan Law Review

The Commission on the Bankruptcy Laws of the United States (Commission), pursuant to congressional mandate, has reported its recommendations for the first comprehensive revision of the bankruptcy laws since the Chandler Act of 1938. This Article deals with the proposals concerning the obligation of the trustee in bankruptcy to file returns of income and to pay federal and state taxes on the income, and concerning the calculation of the taxable incomes of the bankrupt estate and the debtor (including their rights to utilize each other's carryovers), as well as with certain problems in those areas in which the Commission has …

Wills--Implied Gifts Of Remainders, W. Richard Mccune Jr.

West Virginia Law Review

No abstract provided.

West Virginia And The Uniform Probate Code: An Overview Part I, Earl M. Curry Jr.

West Virginia Law Review

No abstract provided.

Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon

Faculty Scholarship

The present state of the law in America governing the succession to decedents' estates is badly in need of reform. There is a growing awareness of the inadequacy of present probate procedure even among ordinary citizens unschooled in the law. The public awareness of the problems of probate and its demand for reform are apparent from the spate of articles and books which have dealt with probate "pains" and methods for avoiding them. This demand and the efforts of reform-minded scholars have culminated in a proposed solution--the Uniform Probate Code (UPC). This Author argues that the probate scheme of the …

Trusts - Totten Trusts - Montgomery V. Michaels, Surviving Spouse Can Reach A Totten Account To The Extent Necessary To Meet The Statutory Share, Carlton Kevin Mccrindle

Loyola University Chicago Law Journal

No abstract provided.

Delegation Of Investment Powers By Charitable Trustees, Richard B. Urda Jr.

University of Michigan Journal of Law Reform

Over the past few years the activities of philanthropic organizations have been undergoing considerable critical scrutiny. Congressional committees, private commissions, and individuals have extensively analyzed institutionalized charity. An area of particular concern involves problems created by the investment policies of charitable organizations. One investment problem that has not received much attention, however, is the plight of the natural person trustee of a charitable trust who, in general, is legally prohibited from delegating his responsibility for investment of trust funds. Almost one-third of all charitable foundations take the legal form of trusts. Of the foundations organized as charitable trusts, over 60 …

Community Property Considerations In Ohio Estate Planning: Expecting The Unexpected, Frank J. Cumberland Jr.

Cleveland State Law Review

For the lawyer in the community property state, the laws peculiar to community property are familiar ground, having in all probability made up at least a part of the law school curriculum. For the lawyer in the common law state, community property laws are generally something to be read about in the newspaper when the husband or wife of a movie star lands a huge divorce settlement due to the operation of the community property laws in California. But it is quite realistic to state that whether the attorneys in the common law states know it or not, they are …

Flexibility, The Uniform Probate Code's Procedural Article, And Some Comparisons With Kentucky Statutes, James W. Gordon

Kentucky Law Journal

No abstract provided.