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Full-Text Articles in Law

University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1988

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1988 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the Code). In addition to this legislation, there were six cases from the Virginia Supreme Court, and one case from the Fourth Circuit Court of Appeals, in the year ending June 1, 1988, that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1987

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1987 session of the General Assembly enacted legislation dealing with wills, trusts and estates that amended fourteen sections and added three new sections to the Code of Virginia (the "Code"). In addition to this legislation, there were five cases from the Virginia Supreme Court during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Code sections, they will be referred to in the text by their section numbers only …


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1986

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1986 session of the General Assembly passed eight bills dealing with wills, trusts, and estates. In addition to this legislation, there were four cases from the Virginia Supreme Court and one case from the Fourth Circuit Court of Appeals during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Virginia Code sections they will be referred to in the text by their section numbers only. These section numbers will …


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1985

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1985 session of the General Assembly passed a number of bills dealing with wills, trusts, and estates, many of which resulted from the continuing law reform efforts of the Virginia Bar Association's Committee on Wills, Trusts and Estates. In addition to this legislation, the Virginia Supreme Court decided six cases during the past year that involved issues of interest to both the general practitioner and the specialist in wills and trusts. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous code sections, they will be referred to in the text …


The Constitutionality Of The Feme Sole Estate And The Virginia Supreme Court's Creation Of An 'Homme Sole' Estate In Jacobs V. Meade, Maria Dill Jan 1984

The Constitutionality Of The Feme Sole Estate And The Virginia Supreme Court's Creation Of An 'Homme Sole' Estate In Jacobs V. Meade, Maria Dill

University of Richmond Law Review

On April 27, 1984, the Virginia Supreme Court, in Jacobs v. Meade, was confronted with a constitutional challenge in the sensitive area of gender-based classifications. The object of the assault was the separate equitable estate, or feme sole estate. Historically, the feme sole estate was a method of holding property available exclusively to women. In Jacobs v. Meade, it was contended that since a man possessed no corresponding right to create a separate equitable estate, the feme sole estate was constitutionally defective on equal protection grounds.


A Brief For Plain English Wills And Trusts, Thomas S. Word Jr. Jan 1980

A Brief For Plain English Wills And Trusts, Thomas S. Word Jr.

University of Richmond Law Review

We lawyers thrive on disagreement. But on this we are unani- mous: clients are precious, hard to get and easy to lose. A typical citizen asks a lawyer's help but seldom: to buy a house, face a traffic charge, or make a will. The will client comes emotionally charged. He deals with his most personal concerns: his family, his wealth, and his death. A will is the most personal of writings, save perhaps a love letter.


The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson Jan 1972

The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson

University of Richmond Law Review

Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia.' This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


Proposed Legislation: It's Time To Abolish Dower And Curtesy In Virginia, Joseph L. Lewis Jan 1969

Proposed Legislation: It's Time To Abolish Dower And Curtesy In Virginia, Joseph L. Lewis

University of Richmond Law Review

In its deliberations during 1966 and 1967 regarding estates of decedents, the Virginia Advisory Legislative Council gave particular consideration to the advisability of abolishing the contingent rights of dower and curtesy in Virginia. The VALC had to determine what interests, if any, should be reserved to the surviving consort, and whether the distinction between real and personal property in intestate succession should be abolished.


Pour-Over Devise Or Bequest To Life Insurance Trust-Sequence Of Execution Of Papers, Ellsworth Wiltshire Jan 1961

Pour-Over Devise Or Bequest To Life Insurance Trust-Sequence Of Execution Of Papers, Ellsworth Wiltshire

University of Richmond Law Review

The "pour-over" will devising or bequeathing property to the trustee of an existing revocable and amendable inter vivos trust created by the testator has become quite popular during the last few years with attorneys, trust officers, and estate planners. In a number of states important legal pitfalls relating to such "pour-overs" not resolved by the decided cases have been eliminated by statute. In Virginia the General Assembly of 1958 enacted a "pour-over" statute (Va. Code Ann. 64-71.1 [19501) settling some difficult questions. However, a serious problem still exisits in Virginia with respect to devises and bequests to trustees of life …


Revocation And Revival Of Wills In Virginia, James H. Barnett Jr. Jan 1960

Revocation And Revival Of Wills In Virginia, James H. Barnett Jr.

University of Richmond Law Review

Kate Miller Levring executed two wills, the first in 1954, the second in 1955. The latter contained an express revocation clause. Following her death the second will which was last traced to her possession could not be found, thus giving rise to a strong presumption that she had destroyed it with intent to revoke. In an inter-partes proceeding, the executor named in the first will, offered that will for probate. Probate was contested by certain next of kin of the deceased. The only evidence introduced was a statement by the decedent that she planned to make certain undisclosed changes in …