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Articles 121 - 139 of 139
Full-Text Articles in Law
Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed.
Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed.
Michigan Law Review
In 1930 plaintiff received certain shares of stock from his uncle by way of outright gift. Seven months later, in order to decrease inheritance taxes at the time of the death of the donee, a declaration of trust was prepared and executed by the original donor as settlor, and indorsed by the donee "as Trustee, to evidence his acceptance of the Trusts herein expressed," at which time the donee surrendered the certificate of shares originally given him and was issued a new certificate as trustee. Plaintiff now sues for an annulment of the instrument. Held, the document was void …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-four leading law reviews. The index embraces material published since the last issue of this REVIEW.
Real Property-Determinable Fee-Alienability Of Possibility Of Reverter, Joseph N. Morency, Jr. S.Ed.
Real Property-Determinable Fee-Alienability Of Possibility Of Reverter, Joseph N. Morency, Jr. S.Ed.
Michigan Law Review
In 1895, Scofield conveyed a small portion of his farm to the defendant, Town of Charlotte, by quitclaim deed which provided: " . . . to be used by said town for school purposes, but when said Town fails to use it for said school purposes it shall revert to said Scofield, his heirs and assigns, but the Town shall have the right to remove all buildings located thereon. The Town shall not have the right to use the premises for other than school purposes." The title to the farm vested in plaintiff by mesne conveyances. The land in question …
Libel And Slander-Charge Of Communism As Libel, Robert L. Cardon
Libel And Slander-Charge Of Communism As Libel, Robert L. Cardon
Michigan Law Review
Plaintiff a federal official, brought a libel action based on defendant's publication, in 1944, of an article charging that plaintiff had been campaign manager for a Communist candidate in a New York election; had been employed by the Daily Worker; and had caused defendant's removal from a Bronx ration board because of defendant's opposition to left-wing activities connected therewith. Plaintiff contended that the article was libelous in that (1) it charged that he was a Communist; and (2) it charged that he had conspired, in violation of the duties of his office, to oust defendant. Held, the complaint stated …
Trusts-Illusory Transfer-Rights Of Surviving Widow, John E. Grosboll S.Ed.
Trusts-Illusory Transfer-Rights Of Surviving Widow, John E. Grosboll S.Ed.
Michigan Law Review
On May 12, 1939, the testator created an inter vivos trust, the corpus consisting of roo shares of stock in a closed corporation, of which the testator was president and a director. He reserved the life income and the right to revoke or modify the trust agreement. The agreement gave no express authority to the trustee to sell or invest the trust property. It did, however, authorize the trustee to vote the stock, but further authorized him to enter into a trust agreement with the remaining four stockholders, which was done on May 15, 1939. This had the effect of …
Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles
Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles
Michigan Law Review
The current volume in the Michigan Legal Studies, Problems in Probate Law: Model Probate Code, is an outstanding example of what can be achieved by the cooperation of a professional association and a well-financed and forward-looking law school. The Probate Division of the Section of Real Property, Probate and Trust Law of the American Bar Association initiated the project of preparing a model probate code and sponsored the project through to completion. The code is the Probate Division's proudest achievement. But the code would not have been possible without the Herculean labors of Professor Lewis M. Simes, Director of …
Corporations-Sale Of All Or Substantially All Of Corporate Assets-Effect Of Modern Statutes, P. F. Westbrook, Jr. S.Ed.
Corporations-Sale Of All Or Substantially All Of Corporate Assets-Effect Of Modern Statutes, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
Modern general corporation acts commonly provide that a sale of all or substantially all of the assets of a corporation organized thereunder may be authorized by the affirmative vote of a specified proportion of the outstanding shares and made upon such terms as the board of directors shall deem expedient and for the best interests of the corporation. Since this sale provision usually stands apart from the dissolution or winding-up process authorized in the same acts, a legislative intent to govern all voluntary sales, not actually incident to dissolution by the terms of the statute would seem to be clear. …
Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.
Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.
Michigan Law Review
South Carolina statutes imposed upon foreign insurance companies a tax of 3 per cent of the aggregate premiums received from business done within the state, without reference to its interstate or local character, as a condition to receiving a certificate of authority to do business within the state. No similar tax was imposed upon domestic insurance companies. The Prudential Life Insurance Company, a New Jersey corporation doing business in South Carolina, refused to pay, contending that since it was a discriminatory tax it was unconstitutional. Furthermore, Prudential challenged the power of Congress to consent to the levying of such discriminatory …
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Michigan Law Review
Petitioners, three qualified Illinois voters, filed a proceeding in a United States district court composed of three judges, seeking a determination under the Federal Declaratory Judgment Act that the 1901 State Apportionment Act of Illinois was in violation of the Fourteenth Amendment and Article I of the Constitution, in that it denied to citizens of the United States the equal and unabridged right to vote for Congressmen. On direct appeal to the Supreme Court of a dismissal of the petition by the lower court, the complaint alleged that the statute apportioning the State of Illinois was void in that it …
Declaratory Judgment Where Criminal Action Is Pending, Robert E. Walsh S.Ed.
Declaratory Judgment Where Criminal Action Is Pending, Robert E. Walsh S.Ed.
Michigan Law Review
Subsequent to the filing of an information against him before a Justice of the Peace by the Secretary of Agriculture of the State of Iowa for violation of the Iowa Cream Grading Act, plaintiff applied to the District Court for an injunction against the proceeding before the Justice, and requested a declaration that he was not subject to the act. The District Court denied the injunction, but issued a decree declaring that plaintiff was not subject to the Cream Grading Act. On appeal, held, affirmed. Where complicated legal issues cannot be determined with equal facility by a Justice of …
Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed.
Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed.
Michigan Law Review
Prior to her marriage, settlor created a trust, reserving to herself a life estate, with general testamentary power of appointment over the corpus. The trust deed provided further that in default of appointment, "or as to any part of said estate as to which the appointment may for any reason fail to take effect," the property was to remain in trust to pay one-half the income to her fiancé for life, if he should survive her, the other half to her children who survived or the issue of deceased children, and to pay over the principal when the youngest taker …
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
Michigan Law Review
International law is generally defined or described as law applicable to relations between states. States are said to be the subjects of international law and individuals only its "objects." Treatises on international law accordingly usually proceed at the very outset to examine the nature and essential characteristics of the fictitious jural person known as the state.
Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen
Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen
Michigan Law Review
The ganancial or community concept of property ownership, by which husband and wife have equal, vested, undivided, one-half interests in property held by them as tenants in community, has been a thorn in the side of federal tax laws ever since some tax-conscious community income earner decided to report as taxable only one-half of the community income, leaving the other half to be reported by and taxed to his wife upon her separate return. Such procedure first became authorized in community property jurisdictions recognizing the wife's interest as "vested" in 1920. Not long thereafter the realization began to dawn upon …
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Michigan Law Review
Wills. Neither the Civil Code nor any other statute sets forth any specific requirements for capacity to make a will. Therefore, the soviet jurists deem any person who is generally competent to enter into legal transactions (Civil Code, Section 8) capable of making a will. Thus, minors under the age of eighteen years and persons adjudged unable to manage their affairs because of mental disease or weak-mindedness do not have testamentary capacity. Likewise, a will executed by a testator while "in a state of mind which precluded his understanding the significance of his acts," has no validity (id., Section 3r).
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court's decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of …
Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles
Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles
Michigan Law Review
The drivers of two automobiles involved in a collision were insured against liability for damages by the same insurance company. Their policies contained clauses reserving to the insurer the right and duty to defend all actions. One driver, Borad, sued the other, O'Morrow, who, through counsel of his own selection, filed a cross complaint for damages and gave notice to the insurance company that these attorneys would also present his defense. When the company informed O'Morrow that it considered his independent defense a breach of the co-operation clause, he brought this action for declaratory relief. On appeal from a judgment …
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Michigan Law Review
Defendant had a right of way over plaintiff's land limited to the transportation of coal mined on that land. Plaintiff seeks to recover for use and occupation of his land by defendant when he exceeded his right by transporting coal mined on adjacent property. Held, the plaintiff is entitled to quasi-contractual recovery of the value of the benefit to defendant based on the prevailing rate of purchase of right of way for transportation of coal over another's land. Raven Red Ash Coal Co., Inc. v. Ball, (Va. 1946) 39 S.E. (2d) 231.
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Michigan Law Review
Testator in his will bequeathed one half of his estate "share and share alike" to his three brothers, naming them, "being to each a one-third part thereof, to them and their heirs forever." Two of the brothers were to testator's knowledge dead at the time he made his will, and the third brother predeceased the testator. In proceedings brought for a construction of the will, held, that the residuary legacies to the brothers did not lapse, but the legacies vested in the respective heirs of deceased brothers. In re Britt's Estate, (Wis. 1946) 23 N.W. (2d) 498.
Book Notes, Michigan Law Review
Book Notes, Michigan Law Review
Michigan Law Review
This department undertakes to list and when possible, describe briefly current books on law and matters closely related thereto.