Law Commons^™

Estate Tax--The Relevancy Of State Court Adjudication Of Property Rights, Patrick David Deem

West Virginia Law Review

No abstract provided.

Wills--Ademption Of Specific Legacies, James Alan Harris

West Virginia Law Review

No abstract provided.

Wills--Rights Of Adopted Children, F. Richard Hall

West Virginia Law Review

No abstract provided.

Mistake And Fraud In Wills--Part Ii: A Suggested Statutory Departure, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Mistake And Fraud In Wills--Part I: A Comparative Analysis Of Existing Law, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Effect Of Guardianship On Estate Plans, George T. Stevenson

Michigan Law Review

One responds to the certainty of death with dread and respect, and one lays plans for the event. Few, however, admit or even think of the possibility that they may become incompetent in their old age; hence, provision is rarely made for this possibility in estate plans. The increased longevity resulting from the recent rapid strides in medicine has as its corollary an increase both in the number of persons who become incompetent before death and the duration of their affliction. This poses a challenge to estate planners and the law of guardianship.

Today the guardianship of the person of …

Gifts-Lnformal Writing As Substitute For Delivery, Michigan Law Review

Michigan Law Review

Traditionally, three requirements must be satisfied in order to make a valid inter vivos gift of personal property: (1) the donor must demonstrate his intention to make such a gift; (2) there must be a delivery to the donee of the property itself or of an instrument or deed of gift; and (3) the donee must accept this delivery. If the subject matter of the gift is not susceptible of immediate delivery, a question arises as to the means by which the delivery requirement may be satisfied. Although a donor in such a situation commonly delivers an informal writing which …

Book Reviews, Herman L. Trautman, W. Harold Bigham

Vanderbilt Law Review

THE BEST OF TRUSTS AND ESTATES-ESTATE PLANNING

There are one hundred and four articles arranged in eight chapters entitled, "Estate Planning-A Panoramic View," "Using the Marital Deduction, "Income Tax Planning, " "Making the Most of Gifts,""Minimizing Administration Problems," "How to Handle Business Interests," "Arranging Life Insurance," and "Drafting Wills and Trusts." The citation and date of the original publication of each article is stated, and in many instances there is an addendum by the author which brings the article up to the date of the book. In addition there are excellent introductory commentaries by the editors at the beginning of …

Abstracts Of Recent Cases, Robert Bruce King

West Virginia Law Review

No abstract provided.

Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon

Washington Law Review

Plaintiff executed a spendthrift trust reserving to herself an income interest for life. Upon her death corpus was to be paid over as she appointed by will, or in default of appointment to "such of her next of kin... as by the law in force in the District of Columbia at the death of the... [settlor] shall be provided for in the distribution of an intestate's personal property therein." The trust by its terms was irrevocable, and there was no reserved power to alter, amend, or modify. Settlor sought modification of the trust, invoking the doctrine of worthier title in …

An Estate Planner's Handbook. By James F. Farr., Donald J. Holzman

Buffalo Law Review

No abstract provided.

Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon

Washington Law Review

Plaintiff executed a spendthrift trust reserving to herself an income interest for life. Upon her death corpus was to be paid over as she appointed by will, or in default of appointment to "such of her next of kin... as by the law in force in the District of Columbia at the death of the... [settlor] shall be provided for in the distribution of an intestate's personal property therein." The trust by its terms was irrevocable, and there was no reserved power to alter, amend, or modify. Settlor sought modification of the trust, invoking the doctrine of worthier title in …

Inter Vivos Trusts-Potential Beneficiary's Right To Compel Trustee To Render A Formal Accounting And Disclose Information, Michigan Law Review

Michigan Law Review

In recent years the inter vivos or living trust has become a popular method of disposing of property and in the future its use is likely to be even more widespread. Consequently, it has become increasingly important that the law governing such dispositions be both unequivocal and just. Unfortunately, in at least one situation this is not the case: When a person, believing himself to be a potential beneficiary of an inter vivos trust, seeks to compel the trustee to render a formal accounting or disclose information concerning the extent of his interest, he will find the law ambiguous and …

The Testator's Intent--Vague Meanings Of Clear Sounding Phrases, Londo H. Brown

West Virginia Law Review

One of the greatest dangers that a lawyer faces is the danger that he may not recognize that there is a real problem involved when a client calls upon him for advice. Once the lawyer sees that there is a problem and is able to correctly diagnose the problem, the solution of the problem is usually relatively easy. In other words, there is more danger that the lawyer will overlook the problem than that he will fail to find the proper solution after he has found the problem. Furthermore, he may create a problem in drafting legal instruments if he …

Trusts--Power Of Revocation--Various Methods, Judith Herndon

West Virginia Law Review

No abstract provided.

Review Of Michigan And Federal Estate And Tax Planning, By P. Chirco And S. Ward, Douglas A. Kahn

Reviews

Any evaluation of a book of this nature must be made in light of its purpose and its intended audience. The authors recognize that estate and tax planning is too broad a subject to be treated comprehensively in a single volume, and, consequently, they quite properly made no effort in that direction. Rather, their apparent purpose was to furnish the non-specialist with an annotated form book containing textual discussions of tax and estate planning problems, with particular emphasis on local Michigan law.

Inheritance Rights Of The Adopted Child In Kentucky, Charles A. Taylor

Kentucky Law Journal

No abstract provided.

Special Treatment Of Cemeteries, David H. Getches

Publications

No abstract provided.

Wills - Lost Revoking Instrument, Robert A. Kelly

Duquesne Law Review

Oral testimony of a lost revoking instrument is not admissible to defeat an existing valid will. A revoking "other writing" must be executed and proved in the manner required by the Wills Act.

Leonard Estate, 427 Pa. 363, 234 A.2d 856 (1967).

T

Wills - Stock Split - Legatee Takes Exact Number Of Shares Bequeathed, Mark A. Rock

Duquesne Law Review

A testatrix's bequest of a specified number of stock shares which split after she made her will but before she died was held effective to pass only the exact number bequeathed and not the total number owned at death.

Greathead Estate, 428 Pa. 553, 236 A.2d 224 (1967), rehearing denied, 236 A.2d 224 (1968).

Decedents’ Estates And Trusts—Incorporation By Reference—Conditional Bequest Rendered Absolute By Inadmissibility Of Contrary Directions, Paul E. Rudnicki

Buffalo Law Review

Matter of Salmon, 24 A.D.2d 962, 265 N.Y.S.2d 373 (1st Dep't 1965).

International Law—Treaty Stating That Jurisdiction Over The Disposition Of Movables Is To Be Determined By Their Situs Considered To Mean That Movables Must Be Disposed Of By The Law Of Decedent’S Domicile, Bruce D. Drucker

Buffalo Law Review

Matter of Rougeron, 17 N.Y.2d 264, 217 N.E.2d 639, 270 N.Y.S.2d 578, cert. denied, 385 U.S. 899 (1966).

How To Avoid Probate. By Norman F. Dacey., George M. Zimmerman

Buffalo Law Review

No abstract provided.

Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger

Faculty Articles

In the course of estate and trust administration, an attorney or a single law firm may be in the position of representing both the trustee and beneficiaries of a particular trust. In any such situation the attorney represents adverse parties since the beneficiaries may wish to enforce the trust provisions against the trustee. Nevertheless, the attorney might feel impelled to represent such adverse parties, especially where they are amicable, where the attorney has personal familiarity with the parties and the property, or where the parties wish to avoid the added expense of obtaining independent counsel. Potter v. Moran, however, indicates …

The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy

Law Faculty Publications

The right of a nonresident alien to take real or personal property through testamentary bequest or intestate succession is regulated in this country by the laws of the states in which the property is located or the estate is probated. Many of the individual states of the Union demand that a potential foreign beneficiary establish, as a condition precedent to receipt of his inheritance share, compliance with an established statutory scheme. Often these regulatory measures require the existence of circumstances over which the alien, as an individual, has no, or at best minimal, control. The nonresident alien's ability to take …

Rent Abatement Legislation: An Answer To Landlords, Richard G. Greiner

Villanova Law Review

No abstract provided.

The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy

Villanova Law Review

No abstract provided.

Wills - Execution, Daniel P. Stefko

Duquesne Law Review

Signature by testatrix in the attestation clause does not satisfy statutory requirement of signature at the end thereof.

Knupp Estate, ___ Pa. ___, 235 A.2d 585 (1967).

Succession, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Wills - General Powers Of Appointment, Paul E. Warburgh Jr.

Duquesne Law Review

Exercise of a power by a general bequest or devise in a will-The Pennsylvania Supreme Court in applying Section 14(14) of the Wills Act of 1947 has clarified the law by holding that extrinsic evidence is inadmissible to prove a contrary intent.

Jaekel Estate, 424 Pa. 433, 227 A.2d 851 (1967).