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Articles 31 - 60 of 90
Full-Text Articles in Law
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Washington Law Review
Plaintiff executed a spendthrift trust reserving to herself an income interest for life. Upon her death corpus was to be paid over as she appointed by will, or in default of appointment to "such of her next of kin... as by the law in force in the District of Columbia at the death of the... [settlor] shall be provided for in the distribution of an intestate's personal property therein." The trust by its terms was irrevocable, and there was no reserved power to alter, amend, or modify. Settlor sought modification of the trust, invoking the doctrine of worthier title in …
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Washington Law Review
Plaintiff executed a spendthrift trust reserving to herself an income interest for life. Upon her death corpus was to be paid over as she appointed by will, or in default of appointment to "such of her next of kin... as by the law in force in the District of Columbia at the death of the... [settlor] shall be provided for in the distribution of an intestate's personal property therein." The trust by its terms was irrevocable, and there was no reserved power to alter, amend, or modify. Settlor sought modification of the trust, invoking the doctrine of worthier title in …
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 …
Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher
Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher
Washington Law Review
In 1960, two events occurred which illustrate current disenchantment with Washington probate law and highlight the need for reformation and modernization. In that year the voters of this state overwhelmingly adopted an Initiative providing for joint tenancy, despite counsel from the bar that "the initiative is dangerous and that if adopted... will bring back a state of chaos and disrupt the operation of our modern and progressive community property laws." The concern from which this legislation issued was indicated in the Initiative's opening clause, "[J]oint tenancy with right of survivorship permits property to pass to the survivor without the cost …
Wills—Testamentary Capacity—Insane Delusions, John S. Calvert
Wills—Testamentary Capacity—Insane Delusions, John S. Calvert
Washington Law Review
In re Meagher's Estate apparently establishes a new rule requiring that the contestant of a will on the ground of insane delusions must show that the delusion, exclusive of any rational motive, was the controlling cause in the disposition of the property.
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Washington Law Review
In 1960 Congress adopted §§ 856-858 of the Internal Revenue Code with the avowed purpose of granting to the small investor in real estate the same federal income tax advantages that are afforded investors in regulated investment companies. However the tax advantages that are granted have not given rise to a general adoption of organizations which qualify for the tax advantages. The major reasons for this lack of interest are the complexity of the sections themselves, problems raised by the regulations (many of which have been rectified by the final regulations which were adopted April 28, 1962), and problems raised …
Joint Tenancy And Estate Planning, Charles B. Stacey
Joint Tenancy And Estate Planning, Charles B. Stacey
Washington Law Review
In many states both lawyers and laymen advise taking of title to property in joint tenancy without sufficient knowledge of the legal incidents of this ancient common law estate. Due to the increasing use of this form of ownership, lawyers must learn both the advantages and disadvantages of joint tenancies. Since joint tenancy involves the element of "survivorship," the taking of title to property in this form is usually a conscious act of estate planning. To the knowledgeable estate planner, however, joint tenancies are more often bothersome than useful. The planner is often faced with the problem of eliminating or …
Trusts, Paul A. Webber
Trusts, Paul A. Webber
Washington Law Review
Covers cases on the doctrine of cy pres—general charitable intent.
Wills, David L. Williams
Wills, David L. Williams
Washington Law Review
Covers cases on joint and mutual wills—lapse of the interest of the third party devisee.
Wills And Probate, Lloyd W. Peterson
Wills And Probate, Lloyd W. Peterson
Washington Law Review
Covers cases on testate succession—rights of adopted children.
Trusts, R. H. Nottelmann
Wills And Probate, Stanley B. Allper
Wills And Probate, Stanley B. Allper
Washington Law Review
Covers cases on executors and administrators—accountability of administratrix for rental value of residence.
The English Statute Of Frauds In Washington, John I. Neff
The English Statute Of Frauds In Washington, John I. Neff
Washington Law Review
The English statute of frauds is the law in Washington "so far as it is not inconsistent with the Constitution and laws ... of the state of Washington nor incompatible with the institutions and condition of society in this state, .. ."' This Comment is concerned with the problem of whether the Washington statutes have entirely displaced the English statute in regard to the requirement of a writing and with some of the problems presented by the application of the statutes of frauds in Washington.
Wills And Probate, William Roetcisoender
Wills And Probate, William Roetcisoender
Washington Law Review
Covers cases on objection to probate of will at time of original application for probate and on executors and administrators—mortgagee's right to a deficiency judgment against other assets of the estate or against the executor.
Trusts, Fred Bruhn
Trusts, Fred Bruhn
Washington Law Review
Covers cases on resulting trusts—purchase money paid by resulting trustee as loan to beneficiary.
Probate, Joseph D. Holmes Jr.
Probate, Joseph D. Holmes Jr.
Washington Law Review
Covers cases on parties entitled to appointment as administrators—grounds for disqualification.
Trusts, John A. Hamill, William Fraser
Trusts, John A. Hamill, William Fraser
Washington Law Review
Covers cases on testamentary trusts—violations of the rule against perpetuitities—effect of saving clause (Hamill) and on bank deposits as tentative or "Totten" trusts (Fraser).
Probate, Anon
Probate Legislation Enacted By The 1955 Session Of The Washington Legislature, J. Gordon Gose, Joseph W. Hawley
Probate Legislation Enacted By The 1955 Session Of The Washington Legislature, J. Gordon Gose, Joseph W. Hawley
Washington Law Review
The purpose of this survey is to focus attention on changes in the probate law of the state as a result of the 1955 session of the legislature. Five separate Acts amending or adding to the law of probate were adopted. These Acts are chapters 98, 141, 154 and 205 of the Laws of 1955 and chapter 7 of the Laws of 1955 (Extraordinary Session). In the aggregate they embody a substantial number of changes, most of which are simple procedural amendments. A few of the amendments present secondary questions of some difficulty. It is not the purpose of this …
Wills And Estates, W. Roger Johnson
Wills And Estates, W. Roger Johnson
Washington Law Review
Covers cases on the attestation of wills requiring personal knowledge of the genuineness of the decedent's signature, on the revocation of a will by subsequent marriage where a contingent bequest was held sufficient to nullify the statutory revocation, and on the allegation of revocation by a subsequent marraiage not constituting a will contest.
Trusts, Newman S. Dotson
Trusts, Newman S. Dotson
Washington Law Review
Covers cases on the claims of children and the divorced wife of beneficiary to support trusts.
Wills And Estates, Gust A. Ledakis
Wills And Estates, Gust A. Ledakis
Washington Law Review
Covers cases on the impossibility of performance in precedent conditions in the construction of wills, on persons entitled to letters of administration, and on proof of lost or destroyed wills.
Charitable Trust—Termination By Judicial Decree, Eugene A. Greenway
Charitable Trust—Termination By Judicial Decree, Eugene A. Greenway
Washington Law Review
P, as administrator of settlor's estate, brought an action to terminate a trust. Trial court dismissed the action. Held: Reversed. The failure of the trustees to administer the trust according to the provisions of the will and the failure to meet the deadline set by the court in a prior hearing of the same case justified termination of the trust. McLaren v. Schalkenbach Home for Boys, 141 Wash. Dec. 111, 206 P. 2d 345 (1952).
Probate—Administration Of An Estate Under Absentee Statute, James B. Mitchell
Probate—Administration Of An Estate Under Absentee Statute, James B. Mitchell
Washington Law Review
A bank was appointed guardian of N's estate in 1941, N having been adjudged incompetent. In 1942, N disappeared, and was not heard from for over seven years. P, on behalf of N's heirs, petitioned the probate court for appointment as administrator of N's estate. The appointment was made, and the bank appealed. Held: Reversed. Where there is neither allegation nor evidence sufficient to give the probate court jurisdiction to determine that the missing man is dead, his heirs are relegated to the absentee statutes for provisional distribution. In re Nelson's Estate, 37 Wn. 2d 397, 224 P. 2d 347 …