Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Class Gifts Of Future Interests: When Is Survival Required?, Herman L. Trautman
Class Gifts Of Future Interests: When Is Survival Required?, Herman L. Trautman
Vanderbilt Law Review
Because of recent significant developments, this article will under-take to deal with the requirement of survival in class gifts of future interests both with respect to the responsibility of a lawyer who plans an estate and with the problem confronting the courts in the many cases where either holographic wills are allowed or lawyers fail to discharge their professional responsibility concerning this litigious issue. By way of introduction, it will first stress the importance of a proper training for professional responsibility in this area. It will then attempt to provide a proper perspective for the courts to deal with the …
Restitution In England, R. H. Maudsley
Restitution In England, R. H. Maudsley
Vanderbilt Law Review
So long as a constructive trust will be imposed whenever it is necessary to prevent unjust enrichment, the terminological question is unimportant. If a situation requires a trustee's duties to be imposed upon a constructive trustee, the English court will do that. It may be that this will be a trust which the "beneficiary" can terminate by demanding the property and in that situation the two views of the constructive trust coalesce. If the problem is one of tracing it into a mixed fund by claiming a proportionate share of the fund or of the property purchased with it, then …
The Use Of Business Property As Short-Term Trust Corpus, Robert Doty
The Use Of Business Property As Short-Term Trust Corpus, Robert Doty
Vanderbilt Law Review
A progressive income tax structure encourages the taxpayer with income above his consumption level to attempt to shift income to other members of his family group where it would be taxed at lower rates. The income which the taxpayer desires to shift may be in the form of compensation for services rendered by the taxpayer or of income from income-producing property owned by him...This article seeks to explore the extent to which the benefits of the short-term trust can be secured for this latter class of persons by utilizing business assets as trust corpus in the following manner: (1) by …