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Full-Text Articles in Law

Pro Se Executors—Unauthorized Practice Of Law, Or Not?, Michael Hatfield Jan 2007

Pro Se Executors—Unauthorized Practice Of Law, Or Not?, Michael Hatfield

Articles

This Article clarifies why under Texas law an individual named as executor in a will has the right to offer the will for probate and otherwise appear in a probate court without hiring a lawyer. This Article first provides an overview of the independent administration provisions of the Texas probate code before reviewing the unauthorized practice of law prohibition and the pro se exception. After establishing that executors qualify for the pro se exception in Texas because executors appearing in court are exercising their own management rights—rather than the rights of "the estate" or the beneficiaries—the Article explores suggestions of …


Time Limitations On Actions Against Administrators Or Executors - Chandlee V. Shockley, Irvin N. Caplan Jan 1960

Time Limitations On Actions Against Administrators Or Executors - Chandlee V. Shockley, Irvin N. Caplan

Maryland Law Review

No abstract provided.


Abstracts, Mary Jane Plumer Aug 1944

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Abstracts, Katherine Kempfer Jun 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Testamentary Conditions Against Contest, Olin L. Browder Jr. May 1938

Testamentary Conditions Against Contest, Olin L. Browder Jr.

Michigan Law Review

It is the natural desire of any testator that his will be speedily probated after his death and that there be no rancorous bickerings over his estate by his beneficiaries. One might, therefore, expect that no-contest conditions--conditions prescribing forfeiture of any interest under the will if a beneficiary contests probate-would be of common occurrence and that the rules regulating a testator's right to employ them would be well settled. As a matter of fact, conditions of this type have appeared from time to time ever since cases were first reported, but their validity is far from settled; the state of …


Apportionment Of Compensation Of Co-Executors, Alvin E. Evans Jan 1937

Apportionment Of Compensation Of Co-Executors, Alvin E. Evans

Kentucky Law Journal

No abstract provided.


Taxation - Deduction Of Capital Losses Feb 1934

Taxation - Deduction Of Capital Losses

Michigan Law Review

Executors were directed to sell the testator's residuary estate. Out of one-fifth of the proceeds a trust fund of $500,000 was to be set up, and the balance given to plaintiff absolutely. The testator in his will then stated that a large part of his residuary estate would consist of realty "which should not be sold excepting under favorable conditions," and directed his executors to hold and manage it until it could be advantageously sold. After some years the executors sold a piece of land at a loss. Plaintiff was entitled to one-fifth of the proceeds, and so he deducted …


Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander Feb 1933

Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander

Michigan Law Review

Under the overwhelming weight of authority the reservation by the settlor of the income from trust property, or of other benefits, during his lifetime, and of the power to revoke the trust and so recover all or any part of the principal does not invalidate the trust; nor does the trust fail because the trust instrument is not executed in accordance with the Statute of Wills. Upon the death of the settlor the corpus of such a trust is distributable by the trustee in accordance with the terms of the trust instrument and does not pass to the executor or …


Executors And Administrators--Right Of Consolidated Bank To Qualify As Executor, Bernard Sclove Jun 1931

Executors And Administrators--Right Of Consolidated Bank To Qualify As Executor, Bernard Sclove

West Virginia Law Review

No abstract provided.


From What Time Does A Will "Speak"?, Fowler V. Harper Jan 1927

From What Time Does A Will "Speak"?, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


An Inroad Upon Fiduciary Integrity, Edson R. Sunderland Jan 1906

An Inroad Upon Fiduciary Integrity, Edson R. Sunderland

Articles

It is a principle universally recognized throughout our system of law, that no person shall be permitted to occupy a position of trust and confidence who at the same time is clearly subject to influences hostile to a faithful performance of his trust. There is a rule as old as Christianity, and it has been incorporated into our law from the earliest times, that "no man shall serve two masters; for either he will hate the one and love the other, or he will hold to the one and despise the other." Fiduciary relations can rest upon no foundation but …