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University of Michigan Law School

Michigan Law Review

1942

English law

Articles 1 - 4 of 4

Full-Text Articles in Law

Federal Courts - The Scope Of The Review Of Interlocutory Orders And Decrees Under Section 129, As Amended, Of The Federal Judicial Code, Gerald M. Lively Oct 1942

Federal Courts - The Scope Of The Review Of Interlocutory Orders And Decrees Under Section 129, As Amended, Of The Federal Judicial Code, Gerald M. Lively

Michigan Law Review

In early English appellate practice, the appealability of orders and decrees from a court of equity turned upon a single arbitrary test-whether or not they were enrolled. If an order or decree of the chancellor was enrolled, an appeal could be taken. But in the United States the case was different. In considering whether or not an order or decree could be appealed from, the appellate court looked to see whether it was interlocutory or final, and it was only the latter which could be appealed. Thus in the United States if it is found desirable to have an appeal …


Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen Oct 1942

Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen

Michigan Law Review

The rule has become well established in England that, where a testator bequeaths an annuity for life to his beneficiary and directs his executor or trustee to purchase the annuity with assets of the estate, the annuitant has an option to demand the purchase money in lieu of the annuity. The direction to purchase the annuity is clothed by the courts with a power to change the mere gift of an annuity into a gift in the alternative of the principal or the annuity. This direction indicates the will of the testator that a fund representing the principal of the …


Torts - Recovery For Mental Anguish In Unauthorized Autopsy Cases, Brooks F. Crabtree Oct 1942

Torts - Recovery For Mental Anguish In Unauthorized Autopsy Cases, Brooks F. Crabtree

Michigan Law Review

In the cases involving autopsies which are unauthorized, consent for their performance not having been obtained prior to their execution, the courts are fairly well committed to the proposition that a cause of action to recover for the mental anguish caused by the autopsy exists in favor of some person closely connected to the deceased. However, the grounds upon which this recovery has been based are varied, and not altogether consistent; and it is the purpose of this comment to discuss these several grounds and to attempt an evaluation of them, in the hope of arriving at some conclusion as …


Revocation Of Wills By Subsequent Change In The Condition Or Circumstances Of The Testator, Elizabeth Durfee Jan 1942

Revocation Of Wills By Subsequent Change In The Condition Or Circumstances Of The Testator, Elizabeth Durfee

Michigan Law Review

Among the oldest rules in the law of wills are those by which a will is held to be revoked by implication by certain changes in the circumstances of the testator. The purpose of this paper is to investigate these rules. Special reference will be made to statutes, both those which deal generally with the subject and those which provide specifically for the effect of particular events, such as marriage; no attempt will be made, however to analyze the latter type of statute exhaustively. By way of introduction, a brief historical survey of the doctrine should be made.