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Recent Cases, Law Review Staff

Vanderbilt Law Review

In a hearing before the Commissioner of Investigation of the City of New York, appellant refused to state whether he was then a member of the Communist Party and based his refusal to answer on the fifth amendment to the United States Constitution. He was thereafter discharged as an employee of the New York Transit Authority pursuant to provisions of the New York Security Risk Law' which allows dismissal of employees of security agencies who are found to be of "doubtful trust and reliability." Without seeking administrative remedies, appellant brought a proceeding in the state court for reinstatement contending that …

President's Page, Harry Scherr Jr.

West Virginia Law Review

No abstract provided.

Personal Property - Gifts - Delivery To Third Party, Thomas A. Dieterich S.Ed.

Michigan Law Review

A husband changed the beneficiary of his life insurance policy from his wife to his mother during a temporary separation and failed to restore his wife as beneficiary after reconciliation. Subsequent to his death the mother, in the presence· of the wife, signed a memorandum "waiving" her policy rights "to" the wife and handed the writing to the insurer's district manager. Before payment of the proceeds the mother discovered that the wife was the beneficiary of another policy and attempted to revoke the memorandum. In insurer's interpleader action, a gift to the wife was recognized. On appeal, held, affirmed. …

The Migratory Divorce, George W. Stumberg

Washington Law Review

If, no matter what the reason for the migration, the spouse who has obtained the foreign decree returns to his usual abode, a court there may be confronted with the problem of the local effect of the decree. The problem is one which has been with us with varying degrees of intensity since almost the very formation of the American Union.

Conflict Of Laws - Status Of Foreign Statute - Non-Recognition Of Support Obligation, David C. Berg S.Ed.

Michigan Law Review

The State of California, Department of Mental Hygiene, brought suit in Texas against defendant, a California resident until his removal to Texas in 1954, to recover money expended by the state in support of defendant's mother, an incompetent inmate of a California state institution since 1944. California law requires an adult son to contribute to his parents' support while a similar provision of the Texas law imposes such an obligation on a parent but not on a child. In accordance with the applicable California statute of limitations, the state sued for the monthly payments which had accrued during the four-year …

Domestic Relations—Separation Agreements—Breach Of Covenant Not To Molest, Buffalo Law Review

Buffalo Law Review

Borax v. Borax, 4 N.Y.2d 113, 172 N.Y.S.2d 805 (1958).

Domestic Relations—Annulment For Refusal To Submit To Religious Ceremony, Buffalo Law Review

Buffalo Law Review

Brillis v. Brillis, 4 N.Y.2d 125, 173 N.Y.S.2d 3 (1958).

Domestic Relations—Custody Of Children—Per Curiam, Buffalo Law Review

Buffalo Law Review

Gluckstern v. Gluckstern, 4 N.Y.2d 521, 176 N.Y.S. 352 (1958).

Domestic Relations—Support Order For Resident Spouse Against Whom Ex-Parte Divorce Is Given, Buffalo Law Review

Buffalo Law Review

Loeb v. Loeb, 4 N.Y.2d 542, 176 N.Y.S.2d 590 (1958).

Domestic Relations—Custody Of Children, Buffalo Law Review

Buffalo Law Review

In re Maxwell's Adoption, 4 N.Y.2d 429, 176 N.Y.S.2d 428 (1958).

Domestic Relations -- 1958 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

Three cases during the survey period dealt directly or indirectly with the subject of adoptions.

In two cases which were discussed in the 1957 survey,' petitions for the adoption of two children were denied because of domestic difficulties in the home of the petitioning parents. The children were ordered to be placed in custody of the State Welfare Department. The foster mother, however, did not comply with this order promptly and was adjudged in contempt by the trial court where her petitions had been filed. The supreme court affirmed the contempt decree in a recently reported case.

Conflict Of Laws In Insurance Coverage Of Interspousal Torts

Washington and Lee Law Review

No abstract provided.

Effect Of Son's Military Service On Father's Duty Of Support

Washington and Lee Law Review

No abstract provided.

Domicile Abandoned As Jurisdictional Requisite For Divorce

Washington and Lee Law Review

No abstract provided.

The Four Month Divorce "Cooling Off" Period In Virginia

Washington and Lee Law Review

No abstract provided.

Community Property, James V. O'Conner

Washington Law Review

Covers cases on mutual observance by spouses of separate property agreements.

Domestic Relations, Philip Austin

Washington Law Review

Covers cases on direct support by a father as a defense to his liabiity for nonpayment of child support money and on enforcement of a foreign separate support judgment.

Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.

Michigan Law Review

A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …

The Effect Of Forced Share Statutes On Inter Vivos Conveyances Of Personalty

Indiana Law Journal

No abstract provided.

Husband And Wife--Auction For Negligence Allowed Against Spouse, T. E. P.

West Virginia Law Review

No abstract provided.

Trusts - Statutory Construction Of Adoption Laws, Francis Paul Blanock

William & Mary Law Review

No abstract provided.

Barring A Wife's Statutory Interest In Her Husband's Estate

Washington and Lee Law Review

No abstract provided.

Second-Hand Judgments: Reciprocal Use Of Judgments In Civil And Criminal Matrimonial Cases, Gerhard O.W. Mueller, Leo H. Whinery

Washington and Lee Law Review

No abstract provided.

Forgotten Insurance Policies In Divorce Cases

Washington and Lee Law Review

No abstract provided.

Statutory Amendments--Grounds For Divorce, J. C. W. Jr.

West Virginia Law Review

No abstract provided.

Parental Liability Statute, J. D. Mcd., J. L. R.

West Virginia Law Review

No abstract provided.

Descent--Statute Amendment--Advances Husband And Wife, J. E. D. Jr.

West Virginia Law Review

No abstract provided.

The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

This volume, the first in Ernst Rabel's monumental comparative treatise on the conflict of laws, was initially published in 1945. Since then three additional volumes have been added, completing the survey of the systems of conflicts law as originally contemplated. Meanwhile, the first edition of the first two volumes has been exhausted for some time, and the literature of conflicts law has substantially increased, reflecting the new developments that have taken place since 1945. Accordingly, plans for a new edition of the first two volumes were discussed with the author before his death on September 7, I955, and were approved …

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

The Doweress Is Wearing A New Look, Harry L. Snead Jr.

University of Richmond Law Review

It is settled law in this state that a widow whose dower has not been assigned is not a competent party plaintiff in a partition suit. She has no estate in the land until her dower is assigned and therefore is not a joint tenant, a tenant in common, or a coparcener with her husband's heirs.