Estates and Trusts Commons^™

Perpetuities: Three Essays In Honor Of My Father, Susan F. French

Washington Law Review

The Rule Against Perpetuities is afrequent source offrustration and puzzlement for property students, professors, and practitioners In this Article, the Author presents three essays; her method of analyzing perpetuities problems, a proposalf or refinement of the common law rule, and an examination of the possible benefits of dead hand control. Although the Author has followed in her father's footsteps, becoming a property professor, some of her views on perpetuities diverge from his. Because scholarly discussion of perpetuities historically has taken the form of "Article and Reply" in various Law Reviews, Professor Robert L Fletcher's response follows his daughter's essays.

Cláusulas De Indexación En Letras De Cambio Y Pagarés: Su Invalidez, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis y conclusiones sobre la viabilidad de inclusión de cláusulas de ajuste o indexación en letras de cambio y pagarés, a la luz del decreto-ley 5965/63

El Aval En El Cheque Después De La Ley 23.549, Martin Paolantonio, Eduardo Moccero

Martin Paolantonio

Análisis de la viabilidad del aval en el cheque, previo a la admisibilidad expresa de esta garantía por la ley 24.452, anotando un fallo de la Cámara Nacional en lo Comercial favorable a esa alternativa.

La Responsabilidad Emergente Del Desvío Del Interés Social De Una Sociedad A Otra U Otras Del Grupo, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Se ensaya una tipología de supuestos y consecuencias ante el desvío del interés social por una sociedad parte de un grupo económico

Las Costas En La Quiebra Sin Acreedores, Martin Paolantonio, Eduardo Moccero

Martin Paolantonio

Nota a fallo sobre la imposición de costas en la quiebra que finaliza por ausencia de acreedores

Creditors' Rights Against Nonprobate Assets In Washington: Time For Reform, Thomas R. Andrews

Washington Law Review

The increasing popularity of nonprobate transfers of property at death has created a "revolution" in family wealth transmission. Yet the law on creditors' rights to reach such transfers is badly confused. In some cases, exemptions from creditors' claims are far broader than can be justified. In others, existing creditors' rights are protected but undefined. In still others, it is unclear whether creditors can reach the property at all. There is no procedure for the enforcement of such rights as creditors may have no specified time limit within which claims may be brought. This lack of system invites abuse and is …

Charitable Contribution Planning: Perils And Precautions, William T. Hutton

Faculty Scholarship

No abstract provided.

Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki

Touro Law Review

No abstract provided.

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1990 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were fifteen cases from the Supreme Court of Virginia, in the year ending June 1, 1990, which involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

Whose Beneficiaries Are They Anyway? Copenhaver V. Rogers And The Attorney's Contract To Prepare A Will In Virginia, Brian Adams

University of Richmond Law Review

In a case of first impression in the Commonwealth, the Supreme Court of Virginia recently considered whether an attorney may be liable for drafting a will which results in the failure of a testamentary gift to intended beneficiaries. Historically, will beneficiaries had been denied a means of recovery against attorneys due to a lack of privity between the parties. Although Virginia remains a "strict privity' jurisdiction, it recognizes third-party contract beneficiary claims' and has legislatively abrogated the privity requirement in other areas of the law. The plaintiffs in Copenhaver v. Rogers sought to establish a third-party beneficiary claim as the …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Augmented Estate System: An Overview, J. William Gray Jr.

University of Richmond Law Review

The New Year 1991 will bring in an entirely new system of property rights for surviving spouses in Virginia. As of the end of 1990, the centuries-old concepts of dower and curtesy will disappear from the Code of Virginia (the "Code"). The current will renunciation and spouse's election provisions of estate law also will be scrapped. House Bill No. 808 replaces those historic concepts with an "augmented estate" system modeled after the Uniform Probate Code (the "U.P.C."), but having several features unique to the Commonwealth. This article examines the mechanics of the new system, with particular emphasis on features that …

Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1989-90), J. Rodney Johnson

Law Faculty Publications

The 1990 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were fifteen cases from the Supreme Court of Virginia, in the year ending June 1, 1990, which involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

Preventing Spousal Disinheritance: An Equitable Solution, Scott A. Curnutte

West Virginia Law Review

No abstract provided.

Spousal Probate Rights In A Multiple-Marriage Society, Lawrence W. Waggoner

Other Publications

Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes comprise one of the great events of our age-from the latter half of the 1970's into the present. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic. The traditional "Leave It To Beaver" family no longer prevails in American marriage behavior. To be sure, the wage-earning husband, the homemaking and child-rearing wife, and their two joint children-this type of family still exists. …

The Uniform Statutory Rule Against Perpetuities: The Rationale Of The 90-Year Waiting Period, Lawrence W. Waggoner

Articles

The Uniform Law Commissioners promulgated the Uniform Statutory Rule Against Perpetuities in 1986. The perpetuity-reform efforts of the American Law Institute in the Restatement (Second) inspired the Uniform Act. The Restatement and the Uniform Act employ the so-called wait-and-see approach to perpetuity reform. Wait-and-see is a two-step strategy. Step One preserves the validating side of the common-law Rule Against Perpetuities (the common-law Rule): By satisfying the common-law Rule, a nonvested future interest in property is valid at the moment of its creation. Step Two is a salvage strategy for future interests that would have been invalid at common law: Rather …

The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner

Articles

Uniform perpetuity reform is on the march, and Oregon has joined the parade. On January 1, 1990, the Uniform Statutory Rule Against Perpetuities (Uniform Act) became effective in Oregon. Although promulgated only three years ago, the Uniform Act has been enacted in over twenty percent of the states and appears to be on its way toward enactment in several others. Prior to the adoption of the Uniform Act, Oregon followed the common-law Rule Against Perpetuities (common-law Rule). Noted for its unjust consequences, the common-law Rule disregards actual events and invalidates a contingent (nonvested) future interest merely on the grounds of …

Ethical And Professional Considerations In Estate Planning, Mark Gillett

Mark R Gillett

No abstract provided.

Punishing The Dead: Whether The Estates Of Dead Tortfeasors Should Be Responsible For Punitive Damages, Charles William Burton

University of Arkansas at Little Rock Law Review

No abstract provided.

Compressing Testamentary Intent Into Inter Vivos Delivery: What Makes A Conveyance Effective?—In Re Estate Of O'Brien, 109 Wash. 2d 913, 749 P.2d 154 (1988), Susan Tracey Stearns

Washington Law Review

In In re Estate of O'Brien, the Supreme Court of Washington held that intent to pass a deed title at death fulfills the inter vivos delivery requirement and that the will substitute statute removes ineffective conveyances from the will statute requirement. This Note concludes that the O'Brien interpretations of delivery and the will substitute statute are misguided, and recommends judicial reversal of the delivery ruling and a legislative rewording of the statute.

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …

Attacking The Tax Gap, Tom Weiksnar, Todd Van Valkenburg

Akron Tax Journal

Today a radio station played something extraordinary, an Internal Revenue Service (IRS) advertisement promoting taxes. "Help someone with their taxes, there is no telling what the returns may be." At last, after five years of American Bar Association (ABA) research, the Tax Reform Act of 1986 (TRA'86), and countless private studies, the IRS seems to be taking an affirmative step in dealing with tax noncompliance. Moreover, the IRS realizes the answer lies in the attitudes of the taxpayers, as well as in the collection system itself. This news is truly exciting.

Specific arenas of taxation like gift and estate tax, …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1988-89), J. Rodney Johnson

Law Faculty Publications

The 1989 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were twelve cases from the Supreme Court of Virginia, one case from Virginia's intermediate court of appeals, and one federal case in the year ending June 1, 1989, that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1989 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were twelve cases from the Supreme Court of Virginia, one case from Virginia's intermediate court of appeals, and one federal case in the year ending June 1, 1989, that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor

Indiana Law Journal

No abstract provided.

The Doctrine Of Worthier Title In Illinois: Burying The Dead, 23 J. Marshall L. Rev. 81 (1989), Taylor Mattis, David Schellenberg

UIC Law Review

No abstract provided.

Congressional Diversions: Legislative Responses To The Estate Valuation Freeze, Wayne M. Gazur

Publications

No abstract provided.

Ird And S Corporations, Gregory V. Gadarian, Jonathan G. Blattmachr

Touro Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.