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Informal Proceedings Under The Uniform Probate Code: Notice And Due Process, Roger A. Manlin, Richard A. Martens Dec 1969

Informal Proceedings Under The Uniform Probate Code: Notice And Due Process, Roger A. Manlin, Richard A. Martens

University of Michigan Journal of Law Reform

The Uniform Probate Code's formal procedures, which require that notice be mailed or be personally delivered to interested parties prior to any formal proceeding, seem to offer little difficulty in terms of due process. However, the Uniform Probate Code's informal procedures, insofar as they encompass no-notice proceedings, have suffered some criticism." It is the purpose of this article to respond to these criticisms, and to demonstrate that the informal procedures of the Code as accepted by the National Conference of Commissioners on Uniform State Laws do in fact offer all interested persons adequate protection of their interests in an estate …


Homicide And Succession To Property, William M. Mcgovern Jr. Nov 1969

Homicide And Succession To Property, William M. Mcgovern Jr.

Michigan Law Review

Today, most jurisdictions bar a killer from succeeding to his victim's property. The traditional rationale for that result is that a criminal should not be allowed to enrich himself by his crime. Assuming that this principle is sound, its application in individual cases often proves troublesome. What would happen, for example, if the crime were of a lesser degree than murder, and the killer had no intent to enrich himself? If the killer is barred, who should take what would have been his share under a will? Or, if the decedent and murderer held property jointly, should the killer forfeit …


Recent Patterns Of Testate Succession In The United States And England, Olin L. Browder Jr. May 1969

Recent Patterns Of Testate Succession In The United States And England, Olin L. Browder Jr.

Michigan Law Review

This study purports to be in part a comparison of American and English testamentary practices. The virtual absence in England of estate records as we know them imposed limitations on the attainment of this objective. For present purposes, data concerning English practices were derived almost entirely from one hundred English wills selected at random from those filed during the year 1963 in the Principal Probate Registry in London. To the extent that these wills came from all over England and Wales, they can be regarded as representative of English practices generally. But the much smaller size of the sample in …