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Full-Text Articles in Law

The Rule In Shelley's Case In West Virginia, James W. Simonton Apr 1920

The Rule In Shelley's Case In West Virginia, James W. Simonton

West Virginia Law Review

No abstract provided.


When Are Deeds Testamentary, Henry W. Ballantine Apr 1920

When Are Deeds Testamentary, Henry W. Ballantine

Michigan Law Review

It is no objection to a deed that it is used as a substitute for a will, to avoid the expense and delay of probate proceedings. The frequent litigation arising over such deeds, however, shows that this expedient is a* dangerous one unless the grantor uses great care to avoid certain snares and pitfalls which the law in its wisdom provides for the unwary. The grantor may attempt to accomplish his purpose either by express provisions embodied in the deed itself, or by external, collateral conditions, preserved by the delivery of the deed to a deposifory. This paper will consider …


Payment Of Debt To Foreign Representatives Or Heirs, Robert B. Fizzell Mar 1920

Payment Of Debt To Foreign Representatives Or Heirs, Robert B. Fizzell

University of Missouri Bulletin Law Series

At common law an executor or administrator has no authority to administer upon any property of the deceased the situs of which is without the state of his appointment. "Every grant of administration is strictly confined in its authority and operation to the limits of the territory of the government which grants it. and does not de jure extend to other countries." It is, therefore, uniformly held that the domiciliary representative cannot proceed to a foreign state and in his official capacity maintain an action to collect the assets of the deceased located there.


Escheat - How State Acquires Title, Edwin C. Goddard Jan 1920

Escheat - How State Acquires Title, Edwin C. Goddard

Articles

Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [1901] 1 Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat because of alienage, see 5 MICH. …