Law Commons^™

Berger V. O'Hearn [Dissent], Jesse W. Carter

Jesse Carter Opinions

A creditor's action against estate to recover debt owed by decedent was time barred, as it was not filed against the administrator within the statute of limitations, and filing a claim with the probate court did not amount to commencing an action.

The Non-General Power Of Appointment -- A Creature Of The Powers Of Appointment Act Of 1951, Allan Mccoid

Vanderbilt Law Review

In the course of the past fifty years, during which estate planning has become a specialty rather than one of many jobs handled by the general practitioner, the power of appointment has become an increasingly popular form of gift. The two great advantages which have been claimed for the power are the introduction of great flexibility into the estate plan and the reduction of the tax burden on the property as it passes from one generation to another. It was presumably with both of these objectives in mind that Professor William J. Bowe made a suggestion last year as to …

Why The Prudent Man?, Alex B. Stevenson

Vanderbilt Law Review

In the law relating to fiduciary investments there has been going on of recent years something very like a revolution. One needs an excuse for adding anything at all to the very considerable volume of comment about the Prudent Man Rule for trust investment. However, failing the hope that anything really new may be said, there does remain a persistent belief that the rationale of what has happened has been somewhat oversimplified.

In the interests of perspective, accordingly, it might be serviceable if we were first (and briefly) to reexamine some of the history of the more dramatic highlights of …

Heir Hunting -- A Profession Or A Racket?, Frank C. Ingraham

Vanderbilt Law Review

Although the cases clearly define the law and public policy applicable to the genealogist's contract, the important variable is the individual factual situation and its implications. The courts have upheld the heir-hunter's contract when the following factors were predominant in the suit: where the services of the genealogist amounted to valuable consideration; where the parties were competent and on equal footing; where there was no implied or express agreement to participate in existing or contemplated litigation; where the beneficiary accepted the evidence which established his claim and received the benefit of the claim; where there was no duty on the …

Decedent Estates—Surrogate Court Act § 269, Robert Manuele

Buffalo Law Review

In Re Braier's Will, 305 N. Y. 148, 111 N. E. 2d 424 (1953).

Decedent Estates—Substitution Of Executor For Testator, Robert Manuele

Buffalo Law Review

Humbeutel v. Humbeutel, 305 N. Y. 159. lII N. E. 2d 429 (1953).

Wills—Revocation By Writing On Unexecuted Copy, Harry T. Dixon

Buffalo Law Review

In Re Kehr's Estate, __ Pa. __, 95 A. 2d 647 (1953).

Decedent Estates—Publication Of A Will, Robert Manuele

Buffalo Law Review

In Re Pulvermacher's Will, 305 N. Y. 378, 113 N. E. 2d 525 (1953).

Decedent Estates—Settlement For After-Born Children, Robert Manuele

Buffalo Law Review

In Re Faber's Estate, 305 N. Y. 200, 11I N. E. 2d 883 (1953).

Future Interests - Rule Against Perpetuities - Actual Rather Than Possible Facts As Determining Certainty Of Vesting, Paul B. Campbell S.Ed.

Michigan Law Review

T died testate, leaving a life estate to her children A and B, with the remainder to granddaughter C. The will further provided that if other body heirs of A and B survived their deaths, then such heirs should share equally with C; and if all the grandchildren should die without leaving heirs of their body, then the property was to pass to T's brothers and sisters or their representatives. A and B survived but T died without further issue. Later C also died without issue. X held conveyances deeding to him the interests of the …

Is The Rule Against Perpetuities Doomed?, Lewis M. Simes

Michigan Law Review

Few rules of the common law have shown such amazing vitality as the rule against perpetuities. Emerging in the Duke of Norfolk's Case in 1682, as a rule to restrict unbarrable entails in land, it is now applied, not only to interests in land, legal and equitable, but also to personal estate, tangible and intangible, including beneficial interests in trusts. It is regarded as a part of the common law of nearly every English speaking country, except a few of the United States where statutory substitutes have been provided. Since 1930, statutory substitutes have been abolished and there has been …

Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed.

Michigan Law Review

Plaintiffs and decedent made an oral agreement whereby plaintiffs agreed to pay decedent a yearly sum and to make repairs on certain real estate in return for which decedent agreed to devise the real estate to plaintiffs. Plaintiffs had been in possession of the property for several years and had vastly improved its value when decedent died, devising the property to third parties. Plaintiffs brought this action for specific performance against the devisees. The trial court, satisfied that the oral contract had been established, entered the decree for specific performance. On appeal, held, affirmed. A person can make a …

Advancements: Ii, Harold I. Elbert

Michigan Law Review

A voluntary inter vivos transfer by a parent to a child is not an advancement so long as the transferor lives. The purpose of the doctrine is to equalize an intestate' s property among his children. It is auxiliary to the distribution of his estate that the question of advancement is raised. The death of the transferor is not enough to give rise to the doctrine. The person seeking to charge the intestate's heirs with an advancement must prove several additional facts. The legislation of each state determines what must be proved in order to charge the transferee with an …

Joint And Mutual Wills In West Virginia, I. M. L.

West Virginia Law Review

No abstract provided.

Sales - Uniform Trust Receipts Act - Strict Requirement Of Accuracy In Designating Trustee In Filing Under The Act, John W. Hupp S.Ed.

Michigan Law Review

Plaintiff and E. R. Millen Co., Inc., entered into a financing arrangement whereby plaintiff agreed to finance the wholesale purchase of various types of electrical appliances by E. R. Millen Co., Inc. Plaintiff promptly recorded a statement of trust receipt financing setting forth that the plaintiff "is or expects to be engaged in financing under trust receipt transactions the acquisitions by the trustee, E. R. Millen Company." The statement then designated the trustee's business address. This trust receipts arrangement was in operation for about a year when E. R. Millen Co., Inc., made a general assignment of all of its …

Wrongful Death--Liability Of Personal Representative For Costs, G. D. H. S.

West Virginia Law Review

No abstract provided.

Wills--Void Residuary--Intestacy--Right Of Nonrenouncing Spouse To Share, B. A. G.

West Virginia Law Review

No abstract provided.

Wrongful Death--Liability Of Husband If Wife Sole Beneficiary, J. L. A.

West Virginia Law Review

No abstract provided.

Securities - Application Of Antideficiency Judgment Statute To Second Purchase Money Trust Deed Where Security Is Exhausted By Foreclosure Of First Deed, John Houck S.Ed.

Michigan Law Review

To secure the purchase price of land, defendant executed a promissory note and first deed of trust in favor of a savings and loan association, and a second note and deed in favor of plaintiff-vendor. On default of both obligations, the savings and loan association foreclosed upon the land. The resulting sale completely exhausted the security, and plaintiff brought the present action upon his note. Defendant interposed section 580b of the California Code of Civil Procedure, which specifies that "no deficiency judgment shall lie in any event after any sale of real property for failure of the purchaser to complete …

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.

Estate Of Duke [Dissent], Jesse W. Carter

Jesse Carter Opinions

The widower was not entitled to receive a portion of his wife's estate, when the language in her will showed her intent not to provide for him in the will, even though the language in the will did not specifically name the widower.

Domestic Relations-Liability Of Estate Of Deceased Divorced Husband For Support Of Children Under Divorce Decree. [Virginia]

Washington and Lee Law Review

No abstract provided.

Estate Of Sargavak, Jesse W. Carter

Jesse Carter Opinions

While declarations of the testator before and after the execution of a will were admissible for the purpose of showing intent, they were not admissible for the purpose of proving the meaning the testator attributed to specific provisions.

Wills, Estates And Trusts, William J. Bowe

Vanderbilt Law Review

Formalities. The statutory formalities required for the execution of wills are too frequently brushed aside as trivia. The lawyer, supervising the ceremony of execution, and the testator, as the chief actor, may have feelings of embarrassed self-consciousness in complying with the required minutiae. But the importance of staging a routine ceremony, however silly it may seem at the moment, cannot be overestimated. Law students ought to be told and practitioners reminded to adopt the practice, once the testator and witnesses are assembled, of closing the door, drawing the shades, cutting off the telephone and advising all present that no one …

Estate Of Ferrall [Dissent], Jesse W. Carter

Jesse Carter Opinions

The court reversed a decision requiring a co-trustee to determine the amounts necessary and sufficient to pay for the incompetent beneficiary's necessary needs, and to invade the corpus if required; no abuse of discretion by co-trustee was shown.

Taxation-Federal Estate Tax-Taxability Of Joint And Survivor Annuity Paid Pursuant To Pension Plan, Lawrence M. De Vore S.Ed.

Michigan Law Review

Under a pension and retirement plan, decedent had the option of receiving a pension for life or a smaller pension while both he and his wife lived, with two-thirds of such reduced pension payable to the survivor for life. On decedent's normal retirement date he chose the latter. Decedent did not retire but continued working until his death. His wife was then entitled to receive a monthly income for life under the pension plan. The Commissioner of Internal Revenue determined that the value of the wife's annuity should be included in the decedent's gross estate. Plaintiff instituted action for refund …

Estate Of Arbulich [Dissent], Jesse W. Carter

Jesse Carter Opinions

Reciprocal inheritance rights prescribed by the probate code did not exist between residents and citizens of the U.S. and those of Yugoslavia as to real or personal property. Thus, the decedent's Yugoslav brother could not share in the estate.

Estate Of Jamison, Jesse W. Carter

Jesse Carter Opinions

Evidence produced by contestants that a testator had difficulty with figures and that cherished family members received little under a holographic will was sufficient to create a triable issue of fact on the issue of undue influence.

Wills - Renunciation In Behalf Of Incompetent Widow, Donald A. Lawrence

William and Mary Review of Virginia Law

No abstract provided.

Trusts-Creation-Significance Of Creation Of Honorary Trust By Inter Vivos Transfer, John W. Hupp S.Ed.

Michigan Law Review

Settlor made an inter vivos transfer of certain property in trust for a specified period with directions that the trustees should, in accordance with their own discretion, apply the income of the trust fund toward all or any of several specified purposes. These purposes included the "establishment ... of good understanding, sympathy and co-operation between nations," "the preservation of the independence and integrity of newspapers," and "the protection of newspapers ... from being absorbed or controlled by combines." Summons was taken out by the settlor to have the validity of the trusts determined. Held, the trusts were void because …