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Full-Text Articles in Law
Incomplete Wills, Adam J. Hirsch
Incomplete Wills, Adam J. Hirsch
Michigan Law Review
This Article explores the problems that arise when a will fails to dispose of an individual's entire estate, so that she dies partially testate and partially intestate. The questions then raised include (1) whether provisions contained in the will purporting to redefine the individual's intestate heirs should supersede the statutory designations of those heirs, (2) whether inter vivos gifts to heirs should qualify as advancements on the inheritances of those heirs under conditions of partial intestacy, and, most broadly, (3) whether courts should fill in the incomplete portion of an individual's estate plan by extrapolating from the distributive preferences set …
Abstracts Of Recent Decisions, Benjamin M. Quigg, Jr.
Abstracts Of Recent Decisions, Benjamin M. Quigg, Jr.
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.
Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie
Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie
Michigan Law Review
It is not an uncommon practice for a testator to make a gift on the condition that the devisee pay to other legatees certain sums specified by the will. For example, testator devises Blackacre to A on the condition that A pay to B $500. Simple as the plan may seem at first glance, it has given rise to several complex questions regarding the legal relationship between A and B. Is A personally liable to B? If there is a personal liability, is A obligated to pay $500 even though Blackacre may have so depreciated in value that …
Future Interests - When Is Child En Ventre Sa Mère Regarded As In Being
Future Interests - When Is Child En Ventre Sa Mère Regarded As In Being
Michigan Law Review
How far will the courts go in regarding a child en ventre sa mere as in being for the purpose of determining the character of interests in property? This question is brought to the fore in Re Joicy, a recent decision of the English Court of Appeal. In that case, a will declared that certain property should be held in trust for all of the children of the testatrix who should survive her and attain the age of twenty-one years, and provided that if any such child should die within the period of twenty-one years "leaving any issue him …
Taxation Of Trust Estates-Reservation Of Life Income
Taxation Of Trust Estates-Reservation Of Life Income
Michigan Law Review
Settlor executed a deed of trust, retaining a life income, but no power of revocation. Held, that the State of Connecticut could tax the transfer as a gift to take effect in possession or enjoyment at or after death without violating the federal constitution. Guaranty Trust Co. of New York v. Blodgett, (U.S. 1933) 53 Sup. Ct. 244.
Wills - Renunciation By The Beneficiary As Affecting The Rights Of His Creditors
Wills - Renunciation By The Beneficiary As Affecting The Rights Of His Creditors
Michigan Law Review
The testator devised to his son an undivided fourth interest in a certain piece of land. The creditors of the son levied on the land, and it was sold at an execution sale. After the execution sale the son formally renounced all his rights under the will. Held, that a beneficiary under a will has the right to renounce unconditionally all benefits derived from the will, and his creditors have no right to object. Lehr v. Switzer, (Iowa 1931) 239 N. W. 564.
Wills-Devise-When Cut Down By Later Clause
Wills-Devise-When Cut Down By Later Clause
Michigan Law Review
Both parties to this ejectment suit relied for title on testatrix's will. By one clause, in general words it gave away all of her property real and personal; by a subsequent clause, all the estate unused or not required for the support of the first taker was given over. Held, that the first taker got only a life estate with power to consume, for the intent of testator is predominant over a statute creating a fee from a general gift. Chesnut v. Chesnut (Pa. 1930) 151 Atl. 339.
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Michigan Law Review
The trustee under the will sued for a construction of a clause providing for a gift to testator's children. The dispute was between the natural children of the testator and an adopted daughter, who claimed under the clause as one of the "children," though a prior clause gave her $1, naming her as testator's adopted daughter. The Rhode Island statute provided that adopted children be deemed for inheritance purposes the same as if natural children. The court held that the adopted daughter did not take with the natural children under the clause in question. Union Trust Co. v. Campi (R. …