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Articles 1 - 11 of 11
Full-Text Articles in Law
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt
UF Law Faculty Publications
The recent Supreme Court decision of Obergefell v. Hodges has forever altered American jurisprudence. Not only did this decision make same-sex marriage legal in all fifty states, but it also required states to recognize same-sex marriages from other states in accordance with the 14th Amendment. The Court’s holding in Obergefell raises a fundamental question with serious legal and financial significance: when exactly do these once unrecognized marriages legally begin? And to what extent must courts apply Obergefell retroactively? The stakes are high and substantive financial effects are pending on the answer to this question — for, with marriage, comes wide-ranging …
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Law Of Wills, Browne C. Lewis
Law Of Wills, Browne C. Lewis
Law Faculty Books
This casebook is designed to train law students to think and act like probate attorneys. It is meant to be used in conjunction with the author's book The Law of Trusts. This book's focus is problem-solving and legal application. It includes numerous problems so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law; its organization mirrors the …
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod
Faculty Publications
This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.
Future Interests--Implying A Requirement Of Survival In Future Interests: Continued Confusion--Schau V. Cecil, Michigan Law Review
Future Interests--Implying A Requirement Of Survival In Future Interests: Continued Confusion--Schau V. Cecil, Michigan Law Review
Michigan Law Review
Contingent future interests have caused considerable confusion in cases in which the holder of the future interest dies before the fulfillment of the condition. This confusion stems from a tendency by some courts to use the word "contingent" as a shorthand way of indicating that the interest holder must survive until a certain time or event. A future interest is correctly said to be "contingent" when it is subject to a condition, in addition to the termination of the prior estate, which must occur before the interest becomes a present estate. The two usages of the word are often overlapping, …
Shades Of The Rule In Shelley's Case - Burnham V. Gas & Electric Company, Martin A. Dyer
Shades Of The Rule In Shelley's Case - Burnham V. Gas & Electric Company, Martin A. Dyer
Maryland Law Review
No abstract provided.
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Michigan Law Review
Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed.
Wills - Enforcement Of Parol Contract To Devise Real Property, John S. Slavens S.Ed.
Michigan Law Review
Plaintiffs and decedent made an oral agreement whereby plaintiffs agreed to pay decedent a yearly sum and to make repairs on certain real estate in return for which decedent agreed to devise the real estate to plaintiffs. Plaintiffs had been in possession of the property for several years and had vastly improved its value when decedent died, devising the property to third parties. Plaintiffs brought this action for specific performance against the devisees. The trial court, satisfied that the oral contract had been established, entered the decree for specific performance. On appeal, held, affirmed. A person can make a …
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson
Michigan Law Review
Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …