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Articles 1 - 24 of 24
Full-Text Articles in Law
Wills, Trusts, And Administration Of Estates, James C. Rehberg
Wills, Trusts, And Administration Of Estates, James C. Rehberg
Mercer Law Review
Without doubt, the most important developments in fiduciary law in Georgia during the past year were legislative. The most attention-grabbing of these are, first, the repeal of Georgia's version of the common law rule against perpetuities and the adoption in its stead of the Uniform Statutory Rule Against Perpetuities and, second, the repeal of the Georgia Gift to Minors Act and the adoption in its stead of the Georgia Transfers to Minors Act. These two statutes, along with several other significant but less attention-grabbing ones, will be discussed in the first portion of this Article. A discussion of noteworthy judicial …
Reforming The Law Of Interstate Succession And Elective Shares: New Solutions To Age-Old Problems, John W. Fisher Ii, Scott A. Curnutte
Reforming The Law Of Interstate Succession And Elective Shares: New Solutions To Age-Old Problems, John W. Fisher Ii, Scott A. Curnutte
West Virginia Law Review
No abstract provided.
Premarital Wills And Pretermitted Children: West Virginia Law V. Revised Uniform Probate Code, Elma M. Reed
Premarital Wills And Pretermitted Children: West Virginia Law V. Revised Uniform Probate Code, Elma M. Reed
West Virginia Law Review
No abstract provided.
Property Of The Estate After Confirmation Of A Chapter 13 Repayment Plan: Balancing Competing Interests, Vickie L. Vaska
Property Of The Estate After Confirmation Of A Chapter 13 Repayment Plan: Balancing Competing Interests, Vickie L. Vaska
Washington Law Review
Under Chapter 13 of the Bankruptcy Code, it is unclear whether property of the estate and protection of the automatic stay continue after confirmation of debtor's repayment plan. Courts use diverse approaches to determine whether property of the estate exists after confirmation, resulting in confusion for trustees, debtors, and creditors. This Comment proposes that bankruptcy courts use their equitable powers and adopt a test that balances the competing interests of debtor and creditor
The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.
The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.
Campbell Law Review
This Comment will show that state statutes are not always effective. This Comment (1) discusses North Carolina's dissent statute, (2) shows the possible unfairness the North Carolina dissent statute may cause, and (3) argues why the Uniform Probate Code's "augmented estate" concept should be incorporated in North Carolina's dissent statute.
Perpetuities: A Father's Reply, Robert L. Fletcher
Perpetuities: A Father's Reply, Robert L. Fletcher
Washington Law Review
Susan has persuasively argued for adoption of a method that would look at the various chains of events—the resolving sequences—thus to separate those that fail from those that pass. We differ in only one important respect. In some instances she would use a life or portion of a life that is extraneous to the vesting reached in a particular sequence. I would not. In doing so, she in effect adopts Professor Dukeminier's "affecting lives" approach. To put this in my terms, she uses any life or portion of a life that is pertinent to vesting of any sequence within the …
Perpetuities: Three Essays In Honor Of My Father, Susan F. French
Perpetuities: Three Essays In Honor Of My Father, Susan F. French
Washington Law Review
The Rule Against Perpetuities is afrequent source offrustration and puzzlement for property students, professors, and practitioners In this Article, the Author presents three essays; her method of analyzing perpetuities problems, a proposalf or refinement of the common law rule, and an examination of the possible benefits of dead hand control. Although the Author has followed in her father's footsteps, becoming a property professor, some of her views on perpetuities diverge from his. Because scholarly discussion of perpetuities historically has taken the form of "Article and Reply" in various Law Reviews, Professor Robert L Fletcher's response follows his daughter's essays.
Cláusulas De Indexación En Letras De Cambio Y Pagarés: Su Invalidez, Martin Paolantonio, Salvador Bergel
Cláusulas De Indexación En Letras De Cambio Y Pagarés: Su Invalidez, Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Análisis y conclusiones sobre la viabilidad de inclusión de cláusulas de ajuste o indexación en letras de cambio y pagarés, a la luz del decreto-ley 5965/63
El Aval En El Cheque Después De La Ley 23.549, Martin Paolantonio, Eduardo Moccero
El Aval En El Cheque Después De La Ley 23.549, Martin Paolantonio, Eduardo Moccero
Martin Paolantonio
Análisis de la viabilidad del aval en el cheque, previo a la admisibilidad expresa de esta garantía por la ley 24.452, anotando un fallo de la Cámara Nacional en lo Comercial favorable a esa alternativa.
La Responsabilidad Emergente Del Desvío Del Interés Social De Una Sociedad A Otra U Otras Del Grupo, Martin Paolantonio, Salvador Bergel
La Responsabilidad Emergente Del Desvío Del Interés Social De Una Sociedad A Otra U Otras Del Grupo, Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Se ensaya una tipología de supuestos y consecuencias ante el desvío del interés social por una sociedad parte de un grupo económico
Las Costas En La Quiebra Sin Acreedores, Martin Paolantonio, Eduardo Moccero
Las Costas En La Quiebra Sin Acreedores, Martin Paolantonio, Eduardo Moccero
Martin Paolantonio
Nota a fallo sobre la imposición de costas en la quiebra que finaliza por ausencia de acreedores
Creditors' Rights Against Nonprobate Assets In Washington: Time For Reform, Thomas R. Andrews
Creditors' Rights Against Nonprobate Assets In Washington: Time For Reform, Thomas R. Andrews
Washington Law Review
The increasing popularity of nonprobate transfers of property at death has created a "revolution" in family wealth transmission. Yet the law on creditors' rights to reach such transfers is badly confused. In some cases, exemptions from creditors' claims are far broader than can be justified. In others, existing creditors' rights are protected but undefined. In still others, it is unclear whether creditors can reach the property at all. There is no procedure for the enforcement of such rights as creditors may have no specified time limit within which claims may be brought. This lack of system invites abuse and is …
Charitable Contribution Planning: Perils And Precautions, William T. Hutton
Charitable Contribution Planning: Perils And Precautions, William T. Hutton
Faculty Scholarship
No abstract provided.
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Touro Law Review
No abstract provided.
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 1990 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were fifteen cases from the Supreme Court of Virginia, in the year ending June 1, 1990, which involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
Whose Beneficiaries Are They Anyway? Copenhaver V. Rogers And The Attorney's Contract To Prepare A Will In Virginia, Brian Adams
Whose Beneficiaries Are They Anyway? Copenhaver V. Rogers And The Attorney's Contract To Prepare A Will In Virginia, Brian Adams
University of Richmond Law Review
In a case of first impression in the Commonwealth, the Supreme Court of Virginia recently considered whether an attorney may be liable for drafting a will which results in the failure of a testamentary gift to intended beneficiaries. Historically, will beneficiaries had been denied a means of recovery against attorneys due to a lack of privity between the parties. Although Virginia remains a "strict privity' jurisdiction, it recognizes third-party contract beneficiary claims' and has legislatively abrogated the privity requirement in other areas of the law. The plaintiffs in Copenhaver v. Rogers sought to establish a third-party beneficiary claim as the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Augmented Estate System: An Overview, J. William Gray Jr.
Annual Survey Of Virginia Law: Augmented Estate System: An Overview, J. William Gray Jr.
University of Richmond Law Review
The New Year 1991 will bring in an entirely new system of property rights for surviving spouses in Virginia. As of the end of 1990, the centuries-old concepts of dower and curtesy will disappear from the Code of Virginia (the "Code"). The current will renunciation and spouse's election provisions of estate law also will be scrapped. House Bill No. 808 replaces those historic concepts with an "augmented estate" system modeled after the Uniform Probate Code (the "U.P.C."), but having several features unique to the Commonwealth. This article examines the mechanics of the new system, with particular emphasis on features that …
Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake
Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1989-90), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1989-90), J. Rodney Johnson
Law Faculty Publications
The 1990 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were fifteen cases from the Supreme Court of Virginia, in the year ending June 1, 1990, which involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
Spousal Probate Rights In A Multiple-Marriage Society, Lawrence W. Waggoner
Spousal Probate Rights In A Multiple-Marriage Society, Lawrence W. Waggoner
Other Publications
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes comprise one of the great events of our age-from the latter half of the 1970's into the present. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic. The traditional "Leave It To Beaver" family no longer prevails in American marriage behavior. To be sure, the wage-earning husband, the homemaking and child-rearing wife, and their two joint children-this type of family still exists. …
The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner
Articles
Uniform perpetuity reform is on the march, and Oregon has joined the parade. On January 1, 1990, the Uniform Statutory Rule Against Perpetuities (Uniform Act) became effective in Oregon. Although promulgated only three years ago, the Uniform Act has been enacted in over twenty percent of the states and appears to be on its way toward enactment in several others. Prior to the adoption of the Uniform Act, Oregon followed the common-law Rule Against Perpetuities (common-law Rule). Noted for its unjust consequences, the common-law Rule disregards actual events and invalidates a contingent (nonvested) future interest merely on the grounds of …
The Uniform Statutory Rule Against Perpetuities: The Rationale Of The 90-Year Waiting Period, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities: The Rationale Of The 90-Year Waiting Period, Lawrence W. Waggoner
Articles
The Uniform Law Commissioners promulgated the Uniform Statutory Rule Against Perpetuities in 1986. The perpetuity-reform efforts of the American Law Institute in the Restatement (Second) inspired the Uniform Act. The Restatement and the Uniform Act employ the so-called wait-and-see approach to perpetuity reform. Wait-and-see is a two-step strategy. Step One preserves the validating side of the common-law Rule Against Perpetuities (the common-law Rule): By satisfying the common-law Rule, a nonvested future interest in property is valid at the moment of its creation. Step Two is a salvage strategy for future interests that would have been invalid at common law: Rather …
Preventing Spousal Disinheritance: An Equitable Solution, Scott A. Curnutte
Preventing Spousal Disinheritance: An Equitable Solution, Scott A. Curnutte
West Virginia Law Review
No abstract provided.