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The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii

University of Richmond Law Review

Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.

In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …

A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt

Law Faculty Scholarly Articles

Some form of inheritance has existed since ancient times. The biblical story of Esau, who sold his birthright to his younger brother Jacob for a mess of potage, demonstrates the long-standing recognition of inheritance rights. Although the United States Constitution does not explicitly guarantee to the owner of property a right to transmit that property upon death to another person, the United States Supreme Court has held that a total abrogation of the right of inheritance without the payment of just compensation is unconstitutional.

Every state has a system of inheritance created by statute and by case law. State inheritance …

Family Protection Under Kentucky's Inheritance Laws: Is The Family Really Protected?, Carolyn S. Bratt

Law Faculty Scholarly Articles

Courts and legislatures always have granted widows some protection from the economic hardships that their husbands' deaths cause. At the earliest common law, a surviving wife was entitled to dower in the form of a right to remain in her husband's home along with the other heirs after the husband's death. Today, the states have enacted a variety of statutory devices that provide protection for families who might otherwise experience financial hardship upon the death of a spouse or parent. The older types of statutory safeguards take the form of homestead and personal property exemptions. Typically, the probate homestead exemption …

Kentucky Law Survey: Property, Carolyn S. Bratt

Law Faculty Scholarly Articles

Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.

The Development Of The Massachusetts Probate System, Thomas E. Atkinson

Michigan Law Review

American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …