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Transfers Of Joint Property In Contemplation Of Death: A Call For Immediate Statutory Revision, L. Hart Wright
Transfers Of Joint Property In Contemplation Of Death: A Call For Immediate Statutory Revision, L. Hart Wright
Michigan Law Review
For years the Tax Court sided with the government and the Court of Appeals for the Third Circuit in asserting that the contemplation-of-death provision of the estate tax act was sufficiently elastic to include the tax concept of ownership reflected in the joint-property provision of the same act. The alliance between those tribunals on this point was recently broken, however, when the Tax Court shifted to the competing view supported by taxpayers and the appellate court for the Ninth Circuit. It now believes that the two provisions mentioned above are complete strangers even though at one time these two were …
Future Interests-Powers-Legal Consequences Of A Life Estate With A Power Of Disposition Under The New York Type Powers Statute, Richard W. Young S.Ed.
Future Interests-Powers-Legal Consequences Of A Life Estate With A Power Of Disposition Under The New York Type Powers Statute, Richard W. Young S.Ed.
Michigan Law Review
Testatrix devised certain property to her husband "to be used and enjoyed by him with the right to sell and dispose of same and use so much thereof, either principal or income, as he may desire during his lifetime.'' Any property or the proceeds thereof remaining at his death was to be distributed equally to named takers, children of the testatrix. Successors of the remaindermen brought an action for ejectment and to quiet title against persons claiming under conveyances from the life tenant, the plaintiffs contending that these conveyances were made without consideration and could not operate to cut off …