Law Commons^™

Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

Decedents Estates And Trusts—The Income Beneficiary Of One Trust Which Shares Ownership In A Corporation With Another Trust Found To Be An Incidental Beneficiary Of The Latter Trust With No Standing To Enforce Its Provisions, John T. O’Mara

Buffalo Law Review

Cashman v. Petrie, 14 N.Y.2d 426, 201 N.E.2d 24, 252 N.Y.S.2d 447 (1964).

Decedents Estates And Trusts—Trial By Jury As Of Right In Surrogate’S Courts—Available To Executors In Compulsory Accounting Proceedings., Thomas M. Ward

Buffalo Law Review

Matter of Garfield, 14 N.Y.2d 251, 200 N.E.2d 196, 251 N.Y.S.2d 7 (1964).

Legislation, Law Review Staff

Vanderbilt Law Review

Estate Tax--Marital Deduction--Compliance With Revenue Procedure 64-19

In those cases where an executor or trustee is directed by the governing instrument to satisfy a pecuniary bequest or transfer in trust by a distribution of the property in kind,' with assets at values as finally determined for federal estate tax purposes, there is the possibility that the surviving spouse will receive property the fair market value of which at the time of distribution is less than the amount of the marital deduction.

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Voting Rights--Residence Requirements for Voting in Presidential Elections

It seems safe to conclude that the choosing of presidential …

Implied Revocation Of Wills In West Virginia, Charles Marion Love Iii

West Virginia Law Review

No abstract provided.

Virtual Adoption And Rights Of Inheritance

Washington and Lee Law Review

No abstract provided.

Decedents' Estates, Trusts And Future Interests -- 1963 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

Three interesting cases represent significant developments in the laws concerning the distribution of amounts received by the administrator in wrongful death actions, two' of which arose under the Tennessee wrongful death statute and the other arising under the Federal Employers' Liability Act. The two cases arising under the Tennessee statute were problems of somewhat first impression,reasoned upon analogy, and the case arising under the federal statute resulted in the Tennessee Supreme Court overruling its prior decision.

Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard

Michigan Law Review

Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir's subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator's petition for power to sell had conferred jurisdiction of the property on the probate court. …

Fiduciary Administration-Power Of Court To Authorize Inter Vivos Distribution From Incompetent's Estate, Robert C. Bonges

Michigan Law Review

The guardians of an eighty-six-year-old incompetent multi-millionaire petitioned for authorization to give a portion of the ward's assets to his children and grandchildren. It was not suggested that the proposed beneficiaries were currently in need of funds, but rather the sole purpose of the inter vivas distribution was to minimize the impact of federal estate taxes on the ward's estate at his death. It was alleged and proved, however, that the proposed distribution would follow a plan which accorded substantially with the terms of the ward's will, and which the ward presumably would have followed himself, had he remained competent …

Voluntary Payments To Widows Of Corporate Executives: Gifts Or Income?, Paul A. Rothman

Michigan Law Review

The solicitude of hardhearted corporations for the widows of corporate executives has given rise to an abundance of cases involving the question whether payments to these widows constitute gifts or income. In the cases to be considered in this comment, payments are made by the corporation to the decedent's widow on a purely voluntary basis. In the typical situation, the board of directors adopts a resolution eulogizing the decedent and authorizing payments to his widow in recognition of his long and faithful service. In most cases, these payments are measured by the decedent's salary and continue for periods ranging from …

International Law-Treaties-Inheritance Rights Of Residents Of Yugoslavia, Charles F. Niemeth

Michigan Law Review

All the heirs at law of a Pennsylvania resident who died intestate resided in Yugoslavia. The Orphans' Court found that the distributees would not have the actual benefit, use, enjoyment or control of their intestate shares. In accordance with a state statute providing for such contingency,1 the funds were ordered paid, without escheat, into the state treasury. On appeal, held, affirmed, one judge dissenting. Because the statute is custodial rather than confiscatory, it is not repugnant to the most-favored-nation clause of the treaty between the United States and Yugoslavia which provides for reciprocal rights of inheritance between citizens of …

Conflict Of Laws--Law Governing Testamentary Trusts Involving Movables, George Charles Hughes Iii

West Virginia Law Review

No abstract provided.

Marshaling Claims--The Effect Of State Exemption Laws On Collection Of Government Liens, Boyd Lee Warner Ii

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Ward Day Stone Jr.

West Virginia Law Review

No abstract provided.

Trusts-Termination-Proof Of Impossibilty Of Issue, Charles F. Niemeth

Michigan Law Review

The surviving trustee of a testamentary trust petitioned the probate court for authority to terminate and distribute the trust in accordance with a compromise agreement between all interested persons apart from the possible issue of one beneficiary. Undisputed medical testimony was received that neither the beneficiary nor his wife were capable of procreation. On a question of law certified to the New Hampshire Supreme Court, held, remanded with instructions to terminate and distribute the corpus of the trust. Termination of a trust in prejudice of the interests of possible future issue is permissible when the possibility of such issue …

Trusts And Administration, Charles L. Knapp

Faculty Scholarship

No abstract provided.

The Role Of English Private International Law In Anglo-American Decedent Estates, James Harrison Cohen

Kentucky Law Journal

No abstract provided.

The Law And The Surviving Spouse: A Comparative Study, Richard W. Power

Indiana Law Journal

No abstract provided.

The "Pour-Over" Trust And The Wills Statutes; Uneasy Bedfellows, W. Garrett Flickinger

Kentucky Law Journal

No abstract provided.

The Business Trust As An Organization For Practicing Law, Terrill D. Albright

Indiana Law Journal

No abstract provided.

Substitution Of Judgment For Mentally Incompetent In Re Dupont - In Re Dupont, Stanley G. Mazaroff

Maryland Law Review

No abstract provided.

Surviving Spouse's Distributive Share Of Amendable Trusts, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Purcell v. Cleveland Trust Co., 200 N.E.2d 602, 28 Ohio Op. 2d 262 (P. Ct. 1964). Approximately three years before her death in 1960, plaintiff's wife created an amendable and revocable inter vivos trust, naming defendant as trustee. The formally drawn instrument provided for pour-over from her simultaneously executed will, however, a specific bequest to the trust was apparently never made. After his wife's death, plaintiff, choosing to exercise his statutory prerogative of taking against his wife's will: demanded that defendant trustee pay over to h i from the corpus of the inter vivos trust the one-half share which he …

Guardian And Ward - Guardian Cannot Make Gift Out Of Incompetent's Estate Absent Showing That The Incompetent Would Have Made The Gift, Robert O. Mickler

Villanova Law Review

No abstract provided.

Recent Decisions (Trusts-Conflict Of Laws), Fernand N. Dutile

Journal Articles

Examining the Texas case Wilson v. Smith, 373 S.W. 2d 514 (Tex. Civ. App. 1963), which invalidated a testamentary trust. The trust provided for the establishment of a clinic-hospital which would apply the methods of nutrition, blood chemistry, radionics and other types of non-medical healing. The court addressed a conflict of laws issue and ultimately invalidated the trust on public policy grounds.

The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager

Cleveland State Law Review

The law has failed to recognize recent advances in geriatric psychiatry. Moreover, where medical language has been used, the terminology is either outdated or misapplied. What follows is an attempt to describe the nature and policy of the legal standard for testamentary competency, to set forth the current medical approach to senility and mental disease, and to suggest practical ways for the lawyer to use geriatric psychiatry in behalf of the senile testator.

The Pour-Over Trust, Elliott H. Kajan

Cleveland State Law Review

One of the most important features of the inter vivos trust is its function as the receptacle of a pour-over provision in a will. The pour-over device is utilized when a disposition by a will provides, often in the residuary clause, for the devise or bequest of additional property to a previously created inter vivos trust This avoids the necessity of repeating in the will all the terms of the trust, and the estate conveyed to the trust is not thereafter involved in probate proceedings. The grantor of an amendable inter vivos trust can thus create and remodel an estate …

Trusts-Validity Of Spendthrift Trust, Charles K. Dayton

Michigan Law Review

Defendant, a judgment debtor, was one of three beneficiaries of a trust agreement which granted him an income of 1,500 dollars annually until his daughter reached the age of twenty-five, at which time he was to receive one-third of the corpus. The trust agreement contained a clause prohibiting voluntary or involuntary alienation of the beneficiary's interest in the income or principal of the 91,000 dollar trust estate. Plaintiff-creditor's attempt to apply the defendant's right to receive annual income toward the satisfaction of a 41,000 dollar judgment was denied by the trial court and the Ohio court of appeals on the …

"In Terrorem" Ne Terreamus, Hugo M. Pfaltz Jr.

Kentucky Law Journal

No abstract provided.