Law Commons^™

Inheritance Crimes, David Horton, Reid Kress Weisbord

Washington Law Review

The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.

But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For example, states have criminalized …

Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, F. Philip Manns Jr.

ACTEC Law Journal

The Uniform Power of Attorney Act (UPOAA), approved in 2006, slightly amended in 2008 and more significantly amended in 2016, has been adopted by 27 U.S. jurisdictions. The UPOAA promotes uniformity in language delineating an agent's powers and mandates that third parties accept notarized powers of attorney. Under the UPOAA, an instrument simply granting an agent authority to do "all acts that a principal could do," vests that agent with broad powers: the precise delineation of those powers is produced by about a dozen pages of UPOAA text automatically incorporated by reference into such "all acts" instruments. However, the UPOAA …

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 …

Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

Imperfect Gifts As Declarations Of Trust: Unapologetic Anomaly, Sarajane Love

Kentucky Law Journal

No abstract provided.

Making Gifts From Incompetent's Estate Under The Doctrine Of Substitution Of Judgment To Reduce Federal Estate Taxes

William & Mary Law Review

No abstract provided.

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 …

Inequities In Corporate Payments To Widows

Indiana Law Journal

No abstract provided.

The Validity Of The Gift Over In Kentucky Determined Through Construction Of Estate In First Taker, Norma D. Boster

Kentucky Law Journal

No abstract provided.

Book Reviews, Philip A. Hendrick Reviewer, Charles L.B. Lowndes (Reviewer), Adrian W. Dewind (Reviewer), Chas. A. Morehead (Reviewer), John R. Stivers (Reviewer)

Vanderbilt Law Review

An Estate Planner's Handbook By Mayo Adams Shattuck

Boston: Little, Brown & Company, 1948. Pp. 575. $7.50

reviewer: Philip A. Hendrick

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Estate Planning and Estate Tax Saving By Edward N. Polisher

Philadelphia: George T. Bisel Company. Second Edition, 1948. 2 Volumes. Pp. xxxii, 923. $20.00

reviewer: Charles L.B. Lowndes

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Federal Taxes--Corporations and Partnerships, 1948-49 By Robert H. Montgomery, Conrad B. Taylor and Mark E. Richardson

Vol. I: Gross Income and Deductions Vol. II: Taxes, Returns and Administration New York: The Ronald Press Company, 1948. Pp. xiii, 1001; pp. iv, 881. $20.00

Federal Taxes--Estates, Trusts and Gifts, 1948-49

By …

The Cy Pres Doctrine In Kentucky, John Coleman Covington

Kentucky Law Journal

No abstract provided.

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

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 …

Wills--Construction--Gift To One During Widowhood, Steve White

Kentucky Law Journal

No abstract provided.

Gifts Inter Vivos, Bettie Gilbert

Kentucky Law Journal

No abstract provided.

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

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

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-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. …

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.

The Necessity Of Delivery In Making Gifts, W. Lewis Roberts

West Virginia Law Review

No abstract provided.

Gifts--Choses In Action--Delivery, A. W. L.

West Virginia Law Review

No abstract provided.