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Full-Text Articles in Law

Wills - Validity Of Clause Restricting Alienation Of A Legacy During Administration, Herbert R. Whiting Nov 1941

Wills - Validity Of Clause Restricting Alienation Of A Legacy During Administration, Herbert R. Whiting

Michigan Law Review

A Pennsylvania court in Horton's Estate held that legacies are subject to garnishment by a creditor of the legatee while the property is in the hands of the deceased's executor. The case also intimated that had the testator so provided in his will this process would not lie and the creditor would have to stand by until possession of the property passed to the legatee. This last bit of dictum has since been established as the law of Pennsylvania by Holmesburg Building Association v. Badger.


The Impact Of The Law Of Powers Upon Our Internal Revenue Laws, Montgomery B. Angell Jun 1941

The Impact Of The Law Of Powers Upon Our Internal Revenue Laws, Montgomery B. Angell

Michigan Law Review

An interesting difference in view has arisen recently in the halls of the Harvard Law School on the use of powers of appointment under the federal estate tax act. One view is that the chief efficacy today of the power of appointment lies in its capacity for use in tax evasion, which should be corrected. The other view is that there is a salutary tendency toward using sensible and flexible powers of appointment, which should be encouraged in meeting changing and difficult family situations, but which would be checked were the former view accepted. Thus we find here the age-old …


Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller Feb 1941

Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller

Michigan Law Review

Under section 94-b of the New York Vehicle and Traffic Law, as amended in 1936 and 1939, if a judgment entered against a driver for 'damages for injury to person or property remains unpaid for fifteen days, the clerk of the court where the judgment was entered must (but only upon written demand of the judgment creditor) forward a copy thereof to the commissioner of motor vehicles, whose duty it then becomes to suspend the driving license of such judgment debtor; further, section 94-c provides (a) that such suspension shall continue for such part of three years as the judgment …


Instalment Payment Of Judgments, Frederick Woodbridge Jan 1941

Instalment Payment Of Judgments, Frederick Woodbridge

Michigan Law Review

This article is concerned primarily with a discussion of satisfaction of judgments by instalment payments where the judgment debtor is the typical American wage earner. It is based upon an analysis of the applicable statutes, the experience recorded in decided cases, interviews with numerous judges administering the statutes, and observations in certain of the courts where that method is used.