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Full-Text Articles in Law

Incomplete Dispositions, Naomi Cahn Jul 2016

Incomplete Dispositions, Naomi Cahn

Washington and Lee Law Review Online

In Irresolute Testators, Professor Jane Baron provocatively suggests the existence of two distinct types of testators: the rational, autonomous testator who has made deliberate choices about the contents of her will and whose errors, if any, are minor; and the more vulnerable, less resolute testator who may not have actually made the final decisions enshrined in a formal will. To illustrate how these testators appear in wills law, she analyzes how courts apply the doctrines of harmless error and mistake reformation. While the two doctrines appear to be intended to help the resolute testator, courts instead, she suggests, also …


Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow May 1938

Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow

Michigan Law Review

One of the long accepted differences between the common law and the civil law has been the freedom of testamentary disposition of the former as contrasted with the limitations of the latter. Thus, while the continental testator was limited in the amount of property that he could leave away from the members of his immediate family, the Englishman could cut them all off without a penny. In other common-law countries the same liberty was continued; but recent years have witnessed important departures.


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.