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Articles 1 - 23 of 23
Full-Text Articles in Law
Future Interests-Rule Against Perpetuities-Vesting Of Residuary Estate In Trustee For Charity Subject To A Condition Precedent, Edward W. Rothe S.Ed.
Future Interests-Rule Against Perpetuities-Vesting Of Residuary Estate In Trustee For Charity Subject To A Condition Precedent, Edward W. Rothe S.Ed.
Michigan Law Review
The will of testatrix provided: after the payment of debts and legacies, "I give, devise and bequeath" the residue of my estate to a charitable foundation. Held, the provision for payment of debts and legacies refers only to the quantum of estate the trustee will take and not to the time when his title vests in interest; it constitutes no condition precedent to the vesting of title in the trustee for charity. Therefore, the rule against perpetuities, which applies only to remoteness of vesting and not to postponement of possession and enjoyment, has no application. The fact that debts …
Trusts, Henry S. Barnes
Trusts, Henry S. Barnes
Mercer Law Review
The significant developments in the law of trusts during the year have been in the field of legislation. The 1950 session of the Legislature passed three bills: Act 5421 to exempt certain trust property from intangible taxes; Act 5432 to exempt the income derived from the same class of property from income taxes; and Act 7283 to prevent a trust from becoming executed so long as the trustee has active duties to perform.
Wills And Administration Of Estates, Floyd M. Buford, Robert E. Coll
Wills And Administration Of Estates, Floyd M. Buford, Robert E. Coll
Mercer Law Review
Definitions of a will are numerous and varied. The statutory definition is that "A will is the legal declaration of a person's intentions as to the disposition of his property after death." Obviously, a will is not a contract since it is unilateral. However, a contract to make a will in behalf of another or to include in a will a particular devise or legacy is valid if founded on a valuable consideration. Bowles v. White reaffirms this well recognized rule. The plaintiff in this case filed suit, as administrator, seeking to recover certain realty of the decedent. The defendant …
Future Interests-Inter Vivos Application Of Worthier Title Doctrine- Destruction Of The Doctor V. Hughes Rule, Daniel A. Isaacson S.Ed.
Future Interests-Inter Vivos Application Of Worthier Title Doctrine- Destruction Of The Doctor V. Hughes Rule, Daniel A. Isaacson S.Ed.
Michigan Law Review
In one case, settlor executed an instrument whereby certain property was conveyed to trustees to pay the income therefrom to settlor during her life and upon her death to convey the principal of the trust estate to such persons as she should appoint in her will, or, in default of appointment, to her next of kin as in intestacy. In addition, settlor reserved to herself the right and power to approve and join in the execution of any conveyance or mortgage of the property. After the settlor died without having exercised the power of appointment, her four children applied as …
Wills-Pretermitted Heir Statutes-Need To State Parent-Child Relationship In The Will., Nancy J. Ringland S.Ed.
Wills-Pretermitted Heir Statutes-Need To State Parent-Child Relationship In The Will., Nancy J. Ringland S.Ed.
Michigan Law Review
Plaintiff alleged that she was an adopted daughter of testator, and, by reason thereof, claimed to be a pretermitted heir, under a statute providing that if any person make his last will and die, leaving a child not named or provided for in such will, testator in so far as regards such child shall be deemed to die intestate, and such child shall be entitled to such proportion of the estate of the testator as if he had died intestate. Plaintiff's claim was based on two provisions in the will. In the first, the testator declared that he had had …
Probate-Recent Statutes-"Streamlining'' The Administration Of Small Estates, Joseph Gricar S.Ed.
Probate-Recent Statutes-"Streamlining'' The Administration Of Small Estates, Joseph Gricar S.Ed.
Michigan Law Review
One by-product of the research leading to the drafting of the Model Probate Code is a monograph by Professor Paul E. Basye which contains a complete survey of the statutes which simplify or eliminate the regular administration of estates. One portion of the monograph is devoted to statutes which provide methods for the administration of small estates. Since the publication of the monograph, there have been a number of statutes enacted which continue· the trend toward a "streamlined" administration of small estates; with these recent statutes this comment is concerned. Statutes which simplify or eliminate administration but which are not …
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Michigan Law Review
Suit was brought by plaintiff against the administrator of the estate of X to establish title to an automobile which plaintiff alleged had been purchased with funds furnished by her. Title was in the name of deceased, X, in whose name plaintiff claimed to have registered the car because she did not drive and X would do most of the driving. The sole heir of X was permitted to intervene as a party defendant and claimed that lawful ownership had been in X. Decree was for defendants and it was directed that the car be turned over to …
Specific Performance-Oral Promise To Devise In Consideration Of Personal Services, C. J. Rice
Specific Performance-Oral Promise To Devise In Consideration Of Personal Services, C. J. Rice
Michigan Law Review
Decedent orally agreed that if plaintiff would render services as housekeeper, practical muse and general business associate, he would devise and bequeath one-half of his estate to her. Decedent died without having made a will, and plaintiff sought specific performance of the agreement. Held, performance of these services did not take the oral contract out of the operation of the statute of frauds because the services were capable of measurement in money, and recovery on a quantum meriut basis was adequate. Snyder v. Warde, 151 Ohio St. 426, 86 N.E. (2d) 489 (1949).
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Michigan Law Review
The complaint alleged that testatrix who had executed a will leaving her whole estate to defendants attempted to make a new will containing legacies to plaintiffs, but that by means of misrepresentations, undue influence, force, and murder, testatrix was prevented by defendants from signing the new will. On appeal from dismissal of the complaint for insufficiency, held, reversed. If the allegations of the complaint be taken as true, plaintiffs are entitled to a judicial declaration that defendants hold the property under a constructive trust for plaintiffs. Latham v. Father Divine, 299 N.Y. 22, 85 N.E. (2d) 168 (1949).
Some Trustees Are Amateurs, John Sherman Myers
Some Trustees Are Amateurs, John Sherman Myers
Mercer Law Review
There are many individuals w ho have undertaken to act in a fiduciary capacity, as trustee, executor, guardian or otherwise, without full realization that the obligations imposed upon them by law may result in substantial personal liability, even though every act has been in complete good faith and in an honest effort to perform, conscientiously and efficiently, the duties undertaken.
Trusts-Spendthrift Trusts-Restrictions On Alienation As A Constitutionally Protected Property Right Of The Donor, Thomas Hartwell
Trusts-Spendthrift Trusts-Restrictions On Alienation As A Constitutionally Protected Property Right Of The Donor, Thomas Hartwell
Michigan Law Review
The beneficiary of a spendthrift trust, created in 1921, sought to renounce and terminate her life interest, thereby vesting the fee simple of the trust res in her son, as remainderman, free of the spendthrift provisions. A Pennsylvania statute, passed in 1945, authorized anyone with any interest in real or personal property to disclaim such interest, irrespective of any so-called spendthrift trust provisions. Held, prayer for termination denied on the ground that the statute, as it applied to spendthrift trusts created before its passage, was a violation of the donor-settlor's property rights under the Pennsylvania Constitution. To allow the …
Wills-Probate Of Lost Will-Meaning Of "Lost" In Statutes Of Limitations, John A. Hellstrom
Wills-Probate Of Lost Will-Meaning Of "Lost" In Statutes Of Limitations, John A. Hellstrom
Michigan Law Review
More than twenty years had elapsed between testatrix' death and the date of filing of petition for probate of her will. Testatrix' son, a sole beneficiary, had searched for the will without success and it could not be found by the register of probate on his initial search. However, the register eventually discovered the will in his inactive files. Two other brothers had seen the will in the probate office but had said nothing. Held, the will was ''lost" within the meaning of a statute which provided that the twenty year statute of limitations should not run during the …
Conflict Of Laws-Model Execution Of Wills Statute-Law Governing Revocation Of Will, Edward W. Rothe S.Ed.
Conflict Of Laws-Model Execution Of Wills Statute-Law Governing Revocation Of Will, Edward W. Rothe S.Ed.
Michigan Law Review
Decedent's will, devising Iowa realty, was denied probate in Illinois, the state of domicile, on grounds that the will had been revoked by cancellation. The devisees offered the will for probate in Iowa, under whose law no revocation was effected. The heirs contested probate on grounds that the Illinois denial of probate was conclusive and binding on Iowa courts in view of §633.49, Iowa code, 1946: "A last will and testament executed without this state, in the mode prescribed by the law, either of the place where executed or the testator's domicile, shall be deemed to be legally executed, and …
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Michigan Law Review
Testator created a testamentary trust of several parcels of real property improved with apartment houses, authorizing the trustees to pay the net annual income therefrom to his sons in equal shares. The trust was to terminate when the youngest son attained the age of twenty-one, or, if he died before majority, when the second youngest son attained the age of thirty-seven, or sooner died. Remainder was to the testator's sons living at the termination date or their issue, per stirpes. Testator, while living, had maintained accounting records for the properties in such manner as to reflect an annual charge for …
Wills-Construction-Gift To Executor To Be Disposed Of In His Discretion As A General Power Of Appointment, Colvin A. Peterson, Jr., S. Ed.
Wills-Construction-Gift To Executor To Be Disposed Of In His Discretion As A General Power Of Appointment, Colvin A. Peterson, Jr., S. Ed.
Michigan Law Review
Testator, after bequeathing specific legacies, gave the residue of his estate to his executor to "dispose of any balance after the aforementioned gifts have been paid according to his wise discretion.'' The executor was the husband of testator's niece, one of the legatees, and he was well acquainted with testator. He declared his intention of disposing of the residue to testator's nieces, for whom testator had expressed concern. The trial court held the testator had attempted to create a trust by the residuary clause, which failed for indefiniteness. On appeal, held, reversed. The testator created a general power of …
Rights Of A Creditor Of A Settlor To Reach The Corpus Of A Revocable Trust, Fred Charles
Rights Of A Creditor Of A Settlor To Reach The Corpus Of A Revocable Trust, Fred Charles
Kentucky Law Journal
No abstract provided.
The Theory Of Delivery In Gifts Causa Mortis, James V. Marcum
The Theory Of Delivery In Gifts Causa Mortis, James V. Marcum
Kentucky Law Journal
No abstract provided.
Hale V. Hale--Kentucky's Recognition Of The Tentative Trust, Dempsey A. Cox
Hale V. Hale--Kentucky's Recognition Of The Tentative Trust, Dempsey A. Cox
Kentucky Law Journal
No abstract provided.
Construction Of The Phrase "Death Without Issue" And Similar Terms - Zeller V. Mcguckian, Malcolm B. Smith
Construction Of The Phrase "Death Without Issue" And Similar Terms - Zeller V. Mcguckian, Malcolm B. Smith
Maryland Law Review
No abstract provided.
Recent Developments Relating To Devolution And Descent Of Future Interests In Maryland, James T. Carter
Recent Developments Relating To Devolution And Descent Of Future Interests In Maryland, James T. Carter
Maryland Law Review
No abstract provided.
Power Of Appointment-Validity Of Exercise Subject To A No-Contest Clause, John J. Gaskell
Power Of Appointment-Validity Of Exercise Subject To A No-Contest Clause, John J. Gaskell
Michigan Law Review
The decedent received under the will of her husband a general testamentary power of appointment over a remainder interest. In her will she exercised the power, providing that any person benefiting under the power who in any manner should institute, encourage, or participate in proceedings for the avoidance of any part of the will should forfeit his right to any benefits from the power or from her estate. Held, exercise of a general testamentary power of appointment subject to a no-contest forfeiture provision is valid. Marx v. Rice, 1 N.J. 584, 65 A. (2d) 48 (1949).
Wills-Holographic-Evidence As To Testamentary Intent, Alan P. Goldstein S. Ed.
Wills-Holographic-Evidence As To Testamentary Intent, Alan P. Goldstein S. Ed.
Michigan Law Review
The deceased had in her possession, at the time of her death, an envelope entitled 'Will of Ella McNair." The envelope contained three separate sheets of paper dated some nineteen months prior to Ella's death, upon which was written, entirely in the hand of the deceased, what purported to be a will. The document opened with the statement "I, Ella McNair . . . do hereby make my last will." The exordium was followed by fifteen specific bequests, and then the writing ended abruptly at the middle of the back of the third sheet. At the top of the second …
Wills-Construction-Meaning Of The Phrase ''Nearest Of Kin", Daniel A. Isaacson
Wills-Construction-Meaning Of The Phrase ''Nearest Of Kin", Daniel A. Isaacson
Michigan Law Review
Testator died in 1931, leaving his estate in trust for the life use and benefit of his wife. The will further provided, inter alia, that "Upon the death of my wife, I order and direct my said executor to pay and distribute the one-half of all my said estate unto my nearest of kin in equal shares and to pay and distribute the other half of all my said estate unto the nearest of kin of my wife in equal shares." Testator's wife died in April, 1947. The testamentary trustee filed a petition for construction of the will to determine …