Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Wills-Future Estates-Descendibility Of Contingent Remainders
Wills-Future Estates-Descendibility Of Contingent Remainders
Michigan Law Review
A testator left property in trust for his wife and son, or the survivor of them, for life. There followed a remainder over the lineal heirs of the son, but should the son die without issue the property was to be divided among specifically named devisees. The son died unmarried and without issue. Representatives of three deceased remaindermen who had predeceased the son claimed shares in the estate. Held, that the shares of the contingent remaindermen had lapsed. In re Coots's Estate (Mich. 1931) 234 N.W. 141.
Future Interests - Life Interest With Added Power To Dispose Of Fee As Fee Sample
Future Interests - Life Interest With Added Power To Dispose Of Fee As Fee Sample
Michigan Law Review
Given a devise of a life estate plus an absolute power to dispose of the fee, but with a remainder over, on the death of the life tenant, of what then remains undisposed of, does the first taker have a fee or merely a life estate coupled with a power of disposal? In the past, Michigan has been numbered with a small minority of states giving the first taker a fee in this situation, but in the recent case of Quarton v. Barton a contrary result was reached.
Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors
Trusts-Resulting-Conveyance To Voluntary Grantee To Defraud Creditors
Michigan Law Review
The plaintiff and the defendant, husband and wife, were tenants by the entireties in certain real estate. Fearing an action by a supposed creditor against the husband, they conveyed without consideration to a third person who subsequently conveyed to the wife. This was done on the advice of counsel. There was an oral understanding between the plaintiff and the defendant at the time of this conveyance that the husband's interest should be reconveyed in the same roundabout manner after any danger of suit had passed. Due to wise investments on the part of the wife this property became very valuable. …
Contracts-Right Of A Third Party Beneficiary
Contracts-Right Of A Third Party Beneficiary
Michigan Law Review
Husband and wife agreed with each other to make mutual wills which would leave one-third of the estate of the survivor in equal portions to seven relatives, four of whom were the mother and three sisters of the husband and the remaining three, a niece and two sisters of the wife. After the husband's death the wife made another will, revoking the former one and providing for a different distribution of her property. After her death the mother and three sisters of the deceased husband filed a bill for the specific performance of the contract to make mutual wills. Held …