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Articles 61 - 90 of 90
Full-Text Articles in Law
Probate Decrees—Extrinsic Fraud—Personal Notice Of Proceedings, William L. Williams
Probate Decrees—Extrinsic Fraud—Personal Notice Of Proceedings, William L. Williams
Washington Law Review
D was appointed administratrix of the estate of her husband who died intestate in 1943. Notice of the probate proceedings was given by publication as provided in RCW 11.76.040 [RRS § 1532; PPC § 192-17]. P, a daughter of deceased by a former marriage, was not given personal notice of the probate proceedings, or of the final decree. However, she learned of the death within a few hours, and of the decree of distribution a few months after it was entered. The final decree was entered in 1944, awarding the entire estate to D as sole heir at law. This …
Trusts—Purchase Money Resulting Trusts Between Parties Living In Meretricious Cohabitation, Ernest M. Murray
Trusts—Purchase Money Resulting Trusts Between Parties Living In Meretricious Cohabitation, Ernest M. Murray
Washington Law Review
P, separated from his wife, illicitly cohabited with D. P purchased their residence with his separate property, taking title in D's name. D asserted ownership of the property and evicted P. P brought action claiming D held the property as a trustee for P's benefit. The trial court found for D. On appeal, Held: Reversed. Since P advanced all the consideration for the property, a resulting trust is presumed. Walberg v. Mattson, 38 Wn. 2d 808, 232 P. 2d 827 (1951).
Gifts To Minor Children—Guardianships Vs. Inter Vivos Trusts—Is The Kieckhefer Trust The Answer?, Willard J. Wright
Gifts To Minor Children—Guardianships Vs. Inter Vivos Trusts—Is The Kieckhefer Trust The Answer?, Willard J. Wright
Washington Law Review
Much comment has followed the recent decision of the Court of Appeals for the 7th Circuit in Kieckhefer v. Commissioner, with some encouragement for persons contemplating gifts in trust for minor children. The spectacular nature of the trust instrument in this case and the outspoken refusal of the Tax Court to accept the type of trust involved, at least for tax purposes, furnishes an occasion to reconsider the relative merits of a trust and a guardianship as a receptacle for gifts for the benefit of minor children. While the donor of gifts to minor children has had a difficult time …
The Function Of The Lawyer In Estate Planning, Charles I. Stone
The Function Of The Lawyer In Estate Planning, Charles I. Stone
Washington Law Review
Inflation and an unprecedented increase in employment and national income have multiplied the number of individuals having at least a modest net worth and therefore the groundwork for an estate. Our staggering national debt has been accompanied by an expanding and intricate pattern of taxation winch takes increasingly more from an increasingly greater group. From the individual's point of view, the only interruption in this trend has been the Revenue Act of 1948. It is probable, if not certain, that the future will bring greater tax demands. The many who have recently acquired actual or potential estates are finding themselves …
The Function Of The Corporate Trustee In The Planning Of Estates, Henry H. Judson
The Function Of The Corporate Trustee In The Planning Of Estates, Henry H. Judson
Washington Law Review
With the advent of diversified types of wealth, the increasing complexities of the economic structure, development of legal devices and statutory enactments, changing trends and theories of governmental emphasis on the social fabric through the power of taxation, estate plannmg has become a complex and involved problem, meriting the most careful consideration and best advice obtainable. The basic purpose of any plan for an individual's estate is to provide for the economic settlement of the estate and for its orderly and practical distribution in a manner commensurate with the personal requirements and economic needs of the beneficiaries. There can be …
Participation By The Certified Public Accountant In Estate Planning, John G. Larson
Participation By The Certified Public Accountant In Estate Planning, John G. Larson
Washington Law Review
Since estate taxes and administration costs do not weigh heavily on smaller estates, the accountant generally will not be concerned with planning for persons whose estates consist primarily of life insurance or with community estates of husband and wife with a value under $120,000. It would be appropriate, however, even in those cases, to inquire whether wills have been prepared, how recently, the plan of disposition, and whether the insurance program has been co-ordinated with the testamentary disposition. It is desirable that the clients of every accountant be made more conscious of the importance of estate planning.
The Role Of The Advanced Life Underwriter In The Field Of Estate Planning, Sanford M. Bernbaum
The Role Of The Advanced Life Underwriter In The Field Of Estate Planning, Sanford M. Bernbaum
Washington Law Review
Estate planning is a continuing process, never completed, always subject to review and change to reflect altered personal, family, legal, or economic circumstances. The estate plan is fluid and affected by many factors, including the daily business and investment operations of the estate owner. Many kinds of specialized knowledge and experience must be utilized in its original formulation and brought to bear upon a periodic review The professional status of the lawyer, certified public accountant, and trust officer of a recognized bank has been established for many years. Each designation carries with it considerable prestige. In recent years another professional …
Estate Plannning And Estate Tax Savings, By Edward N. Polisher (1948) And Estate Planner's Handbook, By Mayo Adams Shattuck (1948), Charles Horowitz
Estate Plannning And Estate Tax Savings, By Edward N. Polisher (1948) And Estate Planner's Handbook, By Mayo Adams Shattuck (1948), Charles Horowitz
Washington Law Review
The volumes under review are written primarily for attorneys dealing in the subject of estate planning. Mr. Polisher's emphasis is on the tax consequences of estate planning, accompanied, however, with numerous practical suggestions on the merits of various substantive provisions in the estate plan, looking to the minimization of tax liabilities. He discusses in readable detail the provisions of the federal estate and gift tax law (with incidental reference to income tax liability) as it affects both common law and community property. However, his discussion of community property in relation to federal taxes is rather brief. Mr. Shattuck's discussion is …
A Practitioner's Guide To Estate Planning In Washington (Part Ii), Charles Horowitz
A Practitioner's Guide To Estate Planning In Washington (Part Ii), Charles Horowitz
Washington Law Review
Part II of this article begins with estate provisions.
In Re Whittier's Estate, John W. Richards
In Re Whittier's Estate, John W. Richards
Washington Law Review
It is related of Daniel Webster that while engaged in argument before the Supreme Court of the United States he was interrupted by the Chief Justice with the comment: "That, Mr. Webster, is not the law." And Daniel Webster replied, in the grand tradition of advocacy which seems to have passed from among us: "It was, sir, until your honor spoke." That observation seems particularly apropos to In re Whittier's Estate, which represents either a startling innovation in the normally placid field of Wills, or an unhappy contretemps from which one turns with embarrassment and the hope that everyone concerned …
A Practitioner's Guide To Estate Planning In Washington [Part 1], Charles Horowitz
A Practitioner's Guide To Estate Planning In Washington [Part 1], Charles Horowitz
Washington Law Review
Estate planning in the broad sense is an individual's planning for the acquisition, conservation, use and distribution of his property. In the more restricted sense of the phrase with which we are here concerned, estate planning is an individual's planning for the most beneficial transfer and transmission of property to estate beneficiaries integrated with planning against unnecessary estate shrinkage. Such planning involves provision for efficient and prudent management, provision for estate liquidity sufficient to prevent unneccessary sacrifice of estate assets, provision for minimizing the costs of administration and management, and provision for minimizing income, gift, inheritance and estate taxation.
Conditional Remainderman—Beware!, Maryhelen Wigle
Conditional Remainderman—Beware!, Maryhelen Wigle
Washington Law Review
If the tax on transfer at death of anticipatory estates levied by the Sovereign State of Washington is imposed upon their inheritance, and is payable by the beneficiary on his future as distinguished from his possessory interest, a legatee or devisee of a conditional remainder may find himself paying handsomely for the mere privilege of having been remembered by the testator in his wilp—a somewhat ephemeral consideration, to put it mildly. The purpose of this article is to examine our Inheritance Tax laws with the object of determining (a) whether the tax is imposed upon the remainderman's legacy, and, if …
The Rule In Shelley's Case In Washington, Harry M. Cross
The Rule In Shelley's Case In Washington, Harry M. Cross
Washington Law Review
As a state grows in age and the accumulations of private capital within its boundaries increase in size and number, problems of future interests in property law become of greater importance. Propertied individuals seek to extend control over their accumulations beyond their deaths, whether wisely or not is here unimportant. Washington is reaching this stage of maturity and its lawyers consequently will be more frequently confronted with the difficulties in creation of future interests. One of the major pitfalls facing the lawyer in this field is the rule in Shelley's Case which by its operation defeats the effort of a …
Exemptions Of Remainder Interests In The Inheritance Tax Statute Of The State Of Washington, Earl K. Nansen
Exemptions Of Remainder Interests In The Inheritance Tax Statute Of The State Of Washington, Earl K. Nansen
Washington Law Review
Three recent cases involving the application of the inheritance tax statute of the State of Washington have raised some problems which should receive immediate attention. The statute provides three different schedules of rates, the schedule applicable to any gift being determined by the relationship of the beneficiary to the deceased. Class A includes any devise, bequest, legacy, gift or beneficial interest to any property or income therefrom which shall pass to or for the use or benefit of any grandfather, grandmother, father, mother, husband, wife, child or stepchild, or any lineal descendant of the deceased. The schedule of rates for …
Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer
Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer
Washington Law Review
In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …
Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer
Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer
Washington Law Review
In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …
Escheat In Washington, Carl P. Zapp
Escheat In Washington, Carl P. Zapp
Washington Law Review
Since the income of the state is dependent upon the income of the inhabitants, whatever diminishes their income also diminishes that of the state. Thus during times of depression when the people are unemployed and property becomes depreciated in value the income of the state, largely based upon taxation, becomes to that ,extent lessened. Therefore, when the taxes become insufficient, the tendency is to look to other sources of revenue which during prosperous times are often overlooked. One of these sources of revenue is escheat. There have been two recent decisions upon the subject in Washington. In the Allen case …
Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell
Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell
Washington Law Review
The distribution of extraordinary dividends between the life tenant and the remainderman under a trust created in corporate stock is a problem which has been extremely vexing to the courts with the result that three general rules have been developed. But, regardless of the rule followed, it is universally agreed that the intentions of the testator or trustor should be controlling. The extraordinary dividend is most likely to arise under one of the following circumstances: 1. Where an unusually large dividend is paid out of profits accumulated over a period of years. 2. In cases of total or part liquidation …
Precatory Trusts, Howard R. Stinson
Precatory Trusts, Howard R. Stinson
Washington Law Review
The law as to the construction of precatory words is not reducible to a formula which can be made to fit any particular case. In fact, it is hard more than to indicate an inclination or leaning of the courts in deciding such situations. With this preface in mind, we purpose to examine the early line of authorities, the modern trend at large, and the particular cases in Washington. Early English courts raised trusts on mere precatory words. The reason for this rule was perhaps because originally all trusts were at best only of precatory force, and so would most …
The Rule Of Perpetuities And Powers Of Sale, Frederick G. Hamley
The Rule Of Perpetuities And Powers Of Sale, Frederick G. Hamley
Washington Law Review
The rule against perpetuities is usually stated as prohibiting the creation of future interests or estates, which by possibility may not become vested within a life or lives in being and twenty-one years, together with the period of gestation, where the latter is necessary to cover cases of posthumous birth. It is not enough that the estate may possibly or even probably vest within the time limited by the rule, but the court must be able to see by looking at the document creating the estate that the estate will necessarily vest within the time. The Rule against Perpetuities applies …
Does Washington Law Require Testator To Sign His Will In Presence Of Attesting Witness?, Ivan W. Goodner
Does Washington Law Require Testator To Sign His Will In Presence Of Attesting Witness?, Ivan W. Goodner
Washington Law Review
It will be observed that while the statute does not, in terms, require testator to sign in the presence of the attesting witness, it does not mention acknowledgment as a mode of execution. What does "attestation" mean? Webster says that "the subscription of a name to a writing as a witness" is an attestation.
Costigan's Cases On Wills, 2d Ed., Ivan W. Goodner
Costigan's Cases On Wills, 2d Ed., Ivan W. Goodner
Washington Law Review
No abstract provided.
The Admissibility Of Testimony Concerning Transactions With Decedents, Elwood Hutcheson
The Admissibility Of Testimony Concerning Transactions With Decedents, Elwood Hutcheson
Washington Law Review
This is written to supplement the article appearing In 1 Washington Law Review 21 on this subject, and covers all the Washington decisions thereon from Volume 133 to and including Volume 153.
The Legal Efficacy Of Attempted Methods Of Avoiding Probate, Hugo E. Oswald
The Legal Efficacy Of Attempted Methods Of Avoiding Probate, Hugo E. Oswald
Washington Law Review
Various means have been employed from time to time to avoid the necessity of the probating of estates. Generally speaking, such means have utterly failed to accomplish their purpose. In considering the reasons for such failures it must be borne in mind that there are two classes whose rights are affected. first, the parties themselves, and, secondly, creditors and the state by reason of its right to inheritance tax.
Limit Of Bequest In Nuncupative Will In The State Of Washington, Ivan W. Goodner
Limit Of Bequest In Nuncupative Will In The State Of Washington, Ivan W. Goodner
Washington Law Review
No abstract provided.
Provisions In A Will Forfeiting The Share Of A Contesting Beneficiary, Frank Parks Weaver
Provisions In A Will Forfeiting The Share Of A Contesting Beneficiary, Frank Parks Weaver
Washington Law Review
No abstract provided.
Inheritance By A Murderer From His Victim, H. C. Force
Inheritance By A Murderer From His Victim, H. C. Force
Washington Law Review
The question whether a murderer can inherit from his victim, except in the case of life insurance, is usually answered in the affirmative. The rule is well settled that if the beneficiary under a life insurance policy murders the insured, neither he nor his heirs or representatives can collect the policy. But in cases where a devisee or heir has murdered his testator or ancester, the courts are divided, the majority holding that however undesirable it may be for a murderer to profit by his crime, nevertheless the statutes of wills or of descent are too clear, that the courts …
Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner
Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner
Washington Law Review
No abstract provided.
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
Washington Law Review
The advantages are apparent that might be gained by a man including in his will the provision that his wife should not take under it unless she should survive him for a period of, say, forty-eight hours. As an example, there is the famous French case of Fair v. Vanderbilt, in which both spouses were killed, the wife surviving the husband fifty-nine seconds, and of which a learned author once remarked, "It was the first time in history that a man and his wife were ever killed while riding together." No provision had been made in contemplation of either co-accidental …
The Washington Statute On Nuncupative Wills, Edward Starin
The Washington Statute On Nuncupative Wills, Edward Starin
Washington Law Review
In the old days of our common law, when the art of writing was limited to but a comparative few, the idea of a nuncupative or oral will gained a fairly firm footing. But with the spread of the ability to write, such wills came to be looked upon with disfavor owing to the opportunities presented for fraud and perjury Hence as early as the reign of Henry VIII. important restrictions were imposed on the right and power to make a nuncupative will. Contemporary legal writers expressed the idea that such a will could be made only when the testator …