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Full-Text Articles in Legal Ethics and Professional Responsibility
Class Gifts Of Future Interests: When Is Survival Required?, Herman L. Trautman
Class Gifts Of Future Interests: When Is Survival Required?, Herman L. Trautman
Vanderbilt Law Review
Because of recent significant developments, this article will under-take to deal with the requirement of survival in class gifts of future interests both with respect to the responsibility of a lawyer who plans an estate and with the problem confronting the courts in the many cases where either holographic wills are allowed or lawyers fail to discharge their professional responsibility concerning this litigious issue. By way of introduction, it will first stress the importance of a proper training for professional responsibility in this area. It will then attempt to provide a proper perspective for the courts to deal with the …
Heir Hunting -- A Profession Or A Racket?, Frank C. Ingraham
Heir Hunting -- A Profession Or A Racket?, Frank C. Ingraham
Vanderbilt Law Review
Although the cases clearly define the law and public policy applicable to the genealogist's contract, the important variable is the individual factual situation and its implications. The courts have upheld the heir-hunter's contract when the following factors were predominant in the suit: where the services of the genealogist amounted to valuable consideration; where the parties were competent and on equal footing; where there was no implied or express agreement to participate in existing or contemplated litigation; where the beneficiary accepted the evidence which established his claim and received the benefit of the claim; where there was no duty on the …