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Articles 31 - 40 of 40

Full-Text Articles in Law

Trusts - Spendthrift Trusts - Beneficial Interest Held Not Attachable To Make Good Liability As Trustee, W. Wallace Kent Mar 1940

Trusts - Spendthrift Trusts - Beneficial Interest Held Not Attachable To Make Good Liability As Trustee, W. Wallace Kent

Michigan Law Review

Janet Jones was an inactive trustee and one of the beneficiaries of a spendthrift trust. Because of lack of good judgment on the part of her co-trustee, and without any moral fault on her part, Janet was charged with liability for a large sum. Her surety, who paid the succeeding trustee, took an assignment of the rights of the trust estate against Janet Jones and demanded that the trustee pay to it all the income, past, present and future, which the trust instrument gave to such beneficiary. The trustee brought this action for instructions. Held, as the trust estate …


Undue Influence As Affecting Wills In West Virginia, C. E. G. Feb 1940

Undue Influence As Affecting Wills In West Virginia, C. E. G.

West Virginia Law Review

No abstract provided.


Cases And Text On The Law Of Wills, C. C. Williams Feb 1940

Cases And Text On The Law Of Wills, C. C. Williams

West Virginia Law Review

No abstract provided.


Taxation - Federal Gift Tax - Cancellation Of A Power Todesignate New Beneficiaries Other Than The Settlor - Interrelationship Of Gift And Estate Tax, Robert M. Warren Feb 1940

Taxation - Federal Gift Tax - Cancellation Of A Power Todesignate New Beneficiaries Other Than The Settlor - Interrelationship Of Gift And Estate Tax, Robert M. Warren

Michigan Law Review

Before the enactment of the 1924 gift tax statute, decedent created a trust for the benefit of named beneficiaries, reserving to himself power both to revoke and to modify the trust. In 1919 the decedent made a surrender of the power to revoke the trust by a writing which reserved the power to designate new beneficiaries other than himself. This latter power was renounced in 1924 after the effective date of the gift tax statute. The Board of Tax Appeals and the Circuit Court of Appeals for the Third Circuit affirmed the commissioner's ruling that the gift became complete and …


Wills- Partial Intestacy-Effect Of Attempt To Disinherit An Heir Or To Limit His Share, James D. Ritchie Feb 1940

Wills- Partial Intestacy-Effect Of Attempt To Disinherit An Heir Or To Limit His Share, James D. Ritchie

Michigan Law Review

Where testator bequeathed to one of his brothers "the sum of five dollars, this amount to be in full for any and all bequests I would leave him as a brother or heir," and certain property passed by intestate succession because of a void residuary clause, held, the share of the brother, an heir, was restricted to five dollars. LaMere v. Jackson, 288 Mich. 99, 284 N. W. 659 (1939).


Validity, Interpretation, And Probate Of Foreign Wills - Rabe V. Mcallister Jan 1940

Validity, Interpretation, And Probate Of Foreign Wills - Rabe V. Mcallister

Maryland Law Review

No abstract provided.


Revival By Revocation Of A Later Instrument--Effect Of A Revocatory Clause, Palmer L. Hall Jan 1940

Revival By Revocation Of A Later Instrument--Effect Of A Revocatory Clause, Palmer L. Hall

Kentucky Law Journal

No abstract provided.


Rights Of Creditors Under A Testamentary General Power Of Appointment - Wyeth V. Safe Deposit & Trust Co. Of Baltimore Jan 1940

Rights Of Creditors Under A Testamentary General Power Of Appointment - Wyeth V. Safe Deposit & Trust Co. Of Baltimore

Maryland Law Review

No abstract provided.


Deeds - Construction - Executory Interests - Destructibility Rule, Michigan Law Review Jan 1940

Deeds - Construction - Executory Interests - Destructibility Rule, Michigan Law Review

Michigan Law Review

In 1883, the grantor conveyed by warranty deed to A for life, remainder to the heirs of B. A died in 1931; B died in 1935, leaving two children and one grandchild as his heirs-at-law. Claiming an undivided one-third through the grandchild, plaintiff started partition proceedings against B's children. Held, that the intent of the grantor must control, and he did not intend to create a contingent remainder in the heirs of B. The deed was a bargain and sale, adapted to a conveyance to uses. On the death of the life tenant, the fee was …


Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review Jan 1940

Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review

Michigan Law Review

At the early English law an executor was entitled to the surplus of the personal estate after the payment of debts and legacies, but this practice nowhere prevails today. At common law the office of executor was regarded as honorary, to be performed without compensation unless the will expressly provided for compensation. It is doubtful if the common-law rule ever obtained in this country, where from a very early time it has been universally considered that executors are normally entitled to reasonable compensation not only to reward them for their time, labor and trouble, but also for the responsibility incurred …