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Articles 1 - 30 of 47
Full-Text Articles in Law
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Michigan Law Review
After there has been a contract to make a will it is often said that the promisor is a trustee of the property for the use of the promisee. This statement is usually offered as a reason for or an explanation of the relief granted in a particular case, without any indication as to how such a premise was arrived at and without any consideration of other possible results that might How from the designation of the relationship as a trust.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Descent And Distribution - Distribution To A Nonresident Alien Prevented By State Staute, Eugene Alkema S.Ed.
Descent And Distribution - Distribution To A Nonresident Alien Prevented By State Staute, Eugene Alkema S.Ed.
Michigan Law Review
Decedent's sole heirs were residents of Poland. By virtue of a power of attorney executed and authenticated in Poland, the Polish consul general intervened to receive their distributive shares. A Massachusetts statute provided that a court may order the distributive share to be deposited for the benefit of nonresidents when it appears that they "may not receive or have opportunity to obtain" such money. Held, the distributive shares must be kept in Massachusetts as it is uncertain that residents of Poland presently could have full benefit of the funds if transmitted. Petition of Mazurowski, (Mass. 1954) 116 N.E. …
Property—Trusts And Future Interests—Construction Of Testamentary Grants, Anthony J. Vaccaro
Property—Trusts And Future Interests—Construction Of Testamentary Grants, Anthony J. Vaccaro
Buffalo Law Review
In re Campbell's Will, 307 N.Y. 29, 119 N.E. 2d 577 (1954).
Decedent Estates—Testamentary Capacity, Harry T. Dixon
Decedent Estates—Testamentary Capacity, Harry T. Dixon
Buffalo Law Review
In re Coddington's Will, 307 N. Y. 181, 120 N. E. 2d 777 (1954).
Decedent Estates—Wrongful Death Actions, Harry T. Dixon
Decedent Estates—Wrongful Death Actions, Harry T. Dixon
Buffalo Law Review
Gross v. Abraham, 306 N.Y. 525° 119 N.E. 2d 370 (1954); Winbush v. City of Mount Vernon et al., 306 N.Y. 327, 118 N.E. 2d 459 (1954).
Property—Trusts And Future Interests—Disposition Of Corpus To Life Beneficiary, Anthony J. Vaccaro
Property—Trusts And Future Interests—Disposition Of Corpus To Life Beneficiary, Anthony J. Vaccaro
Buffalo Law Review
In re Reckford's Will, 307 N.Y. 165, 120 N.E. 2d 696 (1954); In re Bisconti's Estate, 306 N.Y. 442, 119 N.E. 2d 34 (1954).
Property—Trusts And Future Interests—Power Of Sale, Anthony J. Vaccaro
Property—Trusts And Future Interests—Power Of Sale, Anthony J. Vaccaro
Buffalo Law Review
In re Jones' Will, 306 N.Y. 197, 117 N. E. 2d 250 (1954).
Property—Trusts And Future Interests—Judicial Correction Of Invalid Trust Provisios, Anthony J. Vaccaro
Property—Trusts And Future Interests—Judicial Correction Of Invalid Trust Provisios, Anthony J. Vaccaro
Buffalo Law Review
In re Fischer's Will, 307 N.Y. 149, 120 N.E. 2d 688 (1954).
Property—Trusts And Future Interests—Charitable Trusts, Anthony J. Vaccaro
Property—Trusts And Future Interests—Charitable Trusts, Anthony J. Vaccaro
Buffalo Law Review
In re Potter's Will, 307 N.Y. 504, 121 N.E. 2d 522 (1954).
Decedent Estates—Estate Tax, Harry T. Dixon
Decedent Estates—Estate Tax, Harry T. Dixon
Buffalo Law Review
In re Wolf's Estate, 307 N. Y. 280, 121 N. E. 2d 224 (1954); In re Pepper's Estate, 307 N.Y. 242, 120 N.E. 2d 807 (1945); In re Endemann's Estate, 307 N.Y. 100, 120 N.E. 2d 514 (1954).
Domestic Relations -- 1954 Tennessee Survey, William J. Harbison
Domestic Relations -- 1954 Tennessee Survey, William J. Harbison
Vanderbilt Law Review
An important case dealing with testamentary restraint upon adoptions was decided by the Tennessee Supreme Court during the survey period.' The case was one of first impression in this jurisdiction and appears to be one of the few decisions upon the subject in the United States. In his will testator created a trust for his granddaughter, the child of his deceased son. He imposed a condition that if the child were adopted before her eighteenth birthday by someone outside testator's immediate family, and if her name were changed, then the trust should terminate and the corpus be distributed to other …
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe
Vanderbilt Law Review
Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts. But in absence of any violation of public policy a testator is free …
The Remarried Widow's Power Of Alienation Under The Probate Code
The Remarried Widow's Power Of Alienation Under The Probate Code
Indiana Law Journal
No abstract provided.
Trusts, Newman S. Dotson
Trusts, Newman S. Dotson
Washington Law Review
Covers cases on the claims of children and the divorced wife of beneficiary to support trusts.
Wills And Estates, Gust A. Ledakis
Wills And Estates, Gust A. Ledakis
Washington Law Review
Covers cases on the impossibility of performance in precedent conditions in the construction of wills, on persons entitled to letters of administration, and on proof of lost or destroyed wills.
Wills-Construction-Effect Of Precatory Words Relating -To Disposition Of Property On Donee's Death, Donald M. Wilkinson, Jr.
Wills-Construction-Effect Of Precatory Words Relating -To Disposition Of Property On Donee's Death, Donald M. Wilkinson, Jr.
Michigan Law Review
After two bequests, each of an absolute interest in one-third of her property, to a niece and a nephew, testatrix bequeathed the remaining one-third of her estate to her husband " ... to have and to hold subject to the request hereinafter stated. It, however, is my wish and desire and I charge my said husband ... to make disposition ... so that it will not pass to his heirs upon his death, but shall revert, after his death, to my heirs and be distributed to the legatees named in subparagraphs A. and B. of this clause Eighth ... subject, …
Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend
Creation Of Joint Rights Between Husband And Wife In Personal Property: Ii, R. Bruce Townsend
Michigan Law Review
The net effect of the general legislation pertaining to the creation of joint tenancy has been to make lawyers sensitive to language expressing an intent to create joint tenancy, tenancy by the entireties and other types of survivorship rights which may or may not fall within the foregoing concepts. And so the law has busied itself with the task of giving technical meanings to words used by members of the public in their efforts to create joint rights in property-a task that has not been fully appreciated by people who acquire personal property from bankers, brokers, clerks and the like …
Taxation-Federal Estate Tax-Relevance Of Marital Deduction To Computation Of Widow's Distributive Share Of Husband's Estate Where She Elects To Take Against Will, Alice Austin
Michigan Law Review
A widow electing to take against her husband's will claimed to be entitled to have her one-third share of decedent's net personal estate computed without deduction of federal estate taxes, on the theory that Congress in allowing the marital deduction intended that a widow's share qualifying for such deduction should be free of the impact of the federal estate tax. The state had no statute providing for apportionment of federal estate taxes. Held: Congress did not intend, by allowing the marital deduction, to change the rule that state law is determinative of the impact of the federal estate tax. …
Development Of Descent In Indiana, John S. Grimes
Development Of Descent In Indiana, John S. Grimes
Indiana Law Journal
No abstract provided.
The Indiana Probate Code And The Model Probate Code: A Comparison, Lewis M. Simes
The Indiana Probate Code And The Model Probate Code: A Comparison, Lewis M. Simes
Indiana Law Journal
No abstract provided.
Wills—Right Of Illegitimate Child Under Anti Lapse Statute, Harry T. Dixon
Wills—Right Of Illegitimate Child Under Anti Lapse Statute, Harry T. Dixon
Buffalo Law Review
In Re Anonymous' Estate, 204: Misc. 1045, 126 N. Y. S. 2d 749 (Surr. Ct. 1953).
Wills—Effect Of Taxes On Elective Share, Irving Brott
Wills—Effect Of Taxes On Elective Share, Irving Brott
Buffalo Law Review
In Re Wolf's Will, 282 App. Div. 1018, 126 N. Y. S. 2d 302 (1st. Dep't 1953), affirming per curiam, 204 Misc. 356, 121 N. Y. S. 2d 412 (Surr. Ct. 1953).
Defeasance As A Restrictive Device In Michigan, William F. Fratcher
Defeasance As A Restrictive Device In Michigan, William F. Fratcher
Michigan Law Review
Quite apart from any question of their validity, the imposition of use restrictions by means of a prohibition was not practicable before the development of equitable remedies because the common law afforded no method of enforcing such a prohibition. One who conveyed land in violation of a prohibition on alienation might attempt to enforce the prohibition by attacking the validity of his own conveyance but one who violated a prohibition on use had neither motive nor method for challenging his own acts. Hence attempts to restrict use by common law devices are necessarily confined to penalty restraints and to limitations …
Advancements: Iii, Harold I. Elbert
Advancements: Iii, Harold I. Elbert
Michigan Law Review
Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Future Interests - Restraints On Alienation - Same Rules Applicable To Restraints On Future And Possessory Interests, Chester F. Relyea S.Ed.
Michigan Law Review
Testator devised real estate to his wife for life, remainder to his children, "with the following understanding," that should any child attempt to dispose of his interest before the death of the testator's wife, that child would forfeit his share and it would go to the remaining children. After the death of the testator, but before the death of his widow, one son conveyed away his interest in the property. In a suit for the partition of the real estate devised by the testator; held, on appeal, restraints on the alienation of vested estates in fee simple are against …
Trusts - Validity And Effect Of Assignment Of Beneficial Interest In Trust For Support - Claims Of Beneficiary's Divorced Wife And Children, William E. Parmenter Jr.
Trusts - Validity And Effect Of Assignment Of Beneficial Interest In Trust For Support - Claims Of Beneficiary's Divorced Wife And Children, William E. Parmenter Jr.
Michigan Law Review
A testamentary trust required the trustee to apply income in such amounts as might be necessary for the education, support and maintenance of H until he attained the age of 35 years; then to hand over the corpus and accrued interest. Contingent interests were created for children of H who might survive his death before the age of 35. After the death of testatrix, H married W and had two children. In an agreement subsequently incorporated in a California decree of divorce obtained by W, H promised to make monthly payments to W for her own support and for the …
Probate Of A Part Of A Will, Thomas E. Atkinson
Probate Of A Part Of A Will, Thomas E. Atkinson
Kentucky Law Journal
No abstract provided.
Substitutional Construction As Pertaining To Die Without Issue, Wendell S. Williams
Substitutional Construction As Pertaining To Die Without Issue, Wendell S. Williams
Kentucky Law Journal
No abstract provided.
Possession And Control Of Estate Property During Administration: Indiana Probate Code Section 1301
Possession And Control Of Estate Property During Administration: Indiana Probate Code Section 1301
Indiana Law Journal
No abstract provided.