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Full-Text Articles in Law
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 …
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will, devising Iowa realty, was denied probate in Illinois, the state of domicile, on grounds that the will had been revoked by cancellation.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 …