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Common Law

Michigan Law Review

Conveyance

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Full-Text Articles in Law

Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed. Mar 1960

Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.

Michigan Law Review

The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.


Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford Nov 1956

Dispositions Of Property To Unincorporated Non-Profit Associations, Harold A.J. Ford

Michigan Law Review

The aim of this article is to examine the ways in which courts in common law countries have given this assistance and the problems they have encountered in regard to property transactions.


Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed. Nov 1955

Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.

Michigan Law Review

That joint ownership is a popular form of holding title to real property is undeniable. A husband and wife are especially likely to consider this form of ownership as "natural" and desirable because it emphasizes the concept of marriage as a partnership and gives both partners control over and ownership in the family property. In addition to these factors, joint ownership is popular because of the right of survivorship which is incident to it. In this feature the layman sees, or thinks he sees, the opportunity to avoid a probate proceeding, the estate tax, and the lawyer's fee. It is …


Future Interests-Common Law Rule Against Perpetuities Not In Force In Idaho-Applicability Of Statute Against Suspension Of Power Of Alienation To Option Contract, Howard W. Haftel S.Ed. Jun 1949

Future Interests-Common Law Rule Against Perpetuities Not In Force In Idaho-Applicability Of Statute Against Suspension Of Power Of Alienation To Option Contract, Howard W. Haftel S.Ed.

Michigan Law Review

Seller contracted to give purchaser sixty days notice of his intention to sell certain real property, purchaser to have power, in that event, to buy the property for a stated price within the sixty days. If the purchaser failed to exercise the option, seller was then free to convey the property to anyone. Alleging that seller had conveyed the land to others without notice to him, purchaser sued to have this conveyance set aside and the option specifically enforced. The lower court sustained a general demurrer to the complaint. On appeal, held, reversed. The statutory rule against restraints on …


Recent Important Decisions, Michigan Law Review May 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …