Law Commons^™

Elliott E. Cheatham - Gentleman, Richard R. Powell

Vanderbilt Law Review

It was suggested to the writer that he write about Elliott E. Cheatham as a colleague in the field of legal education. This is but one aspect of his special preeminence, but any aspect of this man finds its ultimate foundation in his underlying and pervasive qualities as a gentleman. Kindly in the face of student stupidity, gentle in persuading his obstinate colleagues, loving in his more personal relations, the man embodies the best that can be connoted by the phrase "Southern gentleman."

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 …

Decedents' Estates, Trusts And Future Interests -- 1963 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

Three interesting cases represent significant developments in the laws concerning the distribution of amounts received by the administrator in wrongful death actions, two' of which arose under the Tennessee wrongful death statute and the other arising under the Federal Employers' Liability Act. The two cases arising under the Tennessee statute were problems of somewhat first impression,reasoned upon analogy, and the case arising under the federal statute resulted in the Tennessee Supreme Court overruling its prior decision.

Decedents' Estates, Trusts And Future Interests -- 1962 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

I. DECEDENTS" ESTATES

A. Intestate Succession-Release of an Expectancy B. Wills C. Fiduciary Administration and Estate Planning

II. TRUSTS

A. Self-dealing-Purchase by Trustees of One Beneficiary's Interest

III. FUTURE INTERESTS

A. Alternative Gifts B. Class Gifts As in the past, the subject matter will be discussed under the headings indicated above. The developments of the year consist of court decisions only, as the Tennessee legislature was not in general session.

Decedents' Estates, Trusts And Future Interests -- 1961 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

The subject matter will be discussed under the three headings indicated above. The developments of the year' include court decisions and relevant new legislation enacted by the Eighty-second General Assembly of the State of Tennessee. Perhaps the most significant development of probate law in Tennessee during the period was the enactment of the Uniform Testamentary Additions to Trusts Act, referred to generally as the "pour-over" statute. Very likely this statute will have a substantial and dramatic impact upon (1) the arrangements of decedents' estates, and (2). the future role that the executor and the lawyer will have in the settlement …

Decedents' Estates, Trusts And Future Interests, Herman L. Trautman

Vanderbilt Law Review

The subject matter will be discussed under three headings: "Dece- dents' Estates," "Trusts," and "Future Interests." The section on Decedents' Estates will include developments concerning intestate succession, wills and those problems of fiduciary administration involved in the settlement of decedents' estates; the fiduciary administration problems involving trusts will also be discussed in that section. The developments of the year include court decisions, new legislation, and the work of the Section on Real Property, Probate and Trust Law of the Tennessee Bar Association on proposed legislation.

Wills, Trusts And Estates -- 1957 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

The subject matter of this article will be presented in four parts entitled Wills, Trusts, Future Interests and Fiduciary Administration. The latter will include the developments of the year concerning both the administration of decedents' estates and the administration of trust estates because to an increasing extent the statutes and decisions are relevant to both kinds of fiduciary administration. Legislative developments concerning probate law are also included under each heading as well as the court decisional developments.