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Full-Text Articles in Law
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
Washington Law Review
This flamboyant bit of hokum is aimed to gratify those who, with Carl Sandburg, can hear "the hearse-horse snicker hauling a lawyer away." The author, billed as "America's best-known professional estate planner," presents himself as the friend in need and indeed of all who would insure to their posterity the goods of the earth. With righteous wrath, and in accents reminiscent of Billy Sunday (perhaps with a trace of P. T. Barnum), Dacey promises the means of delivery from the curse of "probate"—which he depicts as a sort of war of all against all, in which testator and beneficiary alike …
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
Washington Law Review
Professor Hallgring presents a detailed analysis of the proposed Uniform Trustees' Powers Act's impact on the fiduciary duties of loyalty, care, and non-delegation of discretionary powers. He emphasizes serious downgrading of fiduciary responsibility implicit in several provisions of the proposed act, particularly in the modern context of the large corporate fiduciary. Professor Hallgring concludes that, although many provisions of the act have merit, it does not sufficiently protect the beneficiary as presently drafted. He suggests, however, that amendments strengthening the standards of fiduciary responsibility could be incorporated into the act without destroying the benefits sought by its framers.
Sufficiency Of Proof To Establish Implied Contract, Anon
Sufficiency Of Proof To Establish Implied Contract, Anon
Washington Law Review
Plaintiffs, husband and wife, brought suit against decedent's estate for specific performance of an oral contract to convey or devise real property in return for personal services. An alternative claim asked for the reasonable value of services rendered and expenses paid by plaintiffs in decedent's behalf, and at his request, during the three years preceding his death. Plaintiff wife served as decedent's nurse, housekeeper and occasional provider during this period. Plaintiff husband performed various odd jobs at decedent's request. Throughout this period, plaintiffs received no compensation beyond infrequent use of decedent's lake cabin. Two witnesses testified that decedent told them …
Establishment Of Interest In Intestate Decedents' Estate, Anon
Establishment Of Interest In Intestate Decedents' Estate, Anon
Washington Law Review
Plaintiff, surviving member of a thirteen year meretricious relationship with defendant's decedent, brought an action to establish a half-interest in the estate, consisting of both real and personal property. She stated alternative theories of recovery—including resulting trust, partnership, joint venture, and a pooling agreement—all but the first being contractually based. Although most of the assets of the estate were accumulated during their cohabitation, plaintiff was unable to prove by "clear, cogent, and convincing" evidence the existence of any significant monetary investment from her personal funds. The evidence indicated that her contribution to the accumulated assets consisted primarily of labor, including …
The Trust Deed Act In Washington, John A. Gose
The Trust Deed Act In Washington, John A. Gose
Washington Law Review
By enacting the Deed of Trust Act, the author suggests Washington has taken one step away from its archaic real property security procedures. He explains the mechanics of trust deed financing and how to best utilize the trust deed. In addition, he points out certain technicalities and pitfalls inherent in the Deed of Trust Act and suggests amendments still needed to fully implement trust deed financing.
Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher
Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher
Washington Law Review
Professor Fletcher's discussion of the history and philosophy of the non-intervention executorship under the Washington statute is segmented into four parts. The first three extensively inquire into the philosophy and forces which have shaped the present contours of this unusual procedure. During this era the court in construing the statutory basis for the procedure and the legislature in amending it have treated the nonintervention executorship in some respects as part of the regular probate procedure and in others as wholly separate, quite without unifying rationale. Further, the court has developed a concept of jurisdictional immunity of questionable value. In the …
Uniform Trustees' Powers Act, Charles Horowitz
Uniform Trustees' Powers Act, Charles Horowitz
Washington Law Review
In August 1964 the Uniform Law Commnission adopted the Uniform Trustees' Powers Act in response to a long felt need for legislative reform in the area of trustees' powers. The new act applies the "prudent man" concept to the entire field of trustees' powers, an approach proposed by Professor William F. Fratcher in an article published in 1962 entitled Trustees' Powers Legislation. Charles Horowitz, Esq., Chairman of the Uniform Law Commission's Special Committee which was responsible for drafting the new act, discusses the basic approach of the act and the changes the act will effect in the traditional law of …