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Articles 31 - 60 of 183
Full-Text Articles in Law
Testamentary Disposition To The Trustee Of An Inter Vivos Trust, George E. Palmer
Testamentary Disposition To The Trustee Of An Inter Vivos Trust, George E. Palmer
Michigan Law Review
The problem of this paper is narrow but important in connection with testamentary dispositions. A man establishes an inter vivos trust, in writing, and later attempts by will to add to the corpus of the trust without repeating in the will the terms of the trust. In some instances he thereafter amends the trust with the expectation that the property bequeathed to the trustee will be held in accordance with the amended terms. This is a simple and convenient method of disposing of property at death and most people probably would take for granted that the disposition is effective. Yet …
Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.
Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.
Michigan Law Review
For the past decade and a half, one of the most harrassing problems in the realm of federal-state relationships has been that concerned with the ownership of the so-called "tidelands." This struggle of interests, which involves 23,000 square miles of offshore lands within the boundaries of the littoral states, has developed since 1937; for prior to that time, the Federal Government recognized the states' claims, making no assertion of federal ownership. The development of the conflict appears to be coextensive with the discovery and development of valuable mineral deposits found under these submerged lands, which have been leased to private …
Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed.
Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed.
Michigan Law Review
In a recent decision by the United States Supreme Court, a new chapter has been added to the law on the requisites of notice under the due process clause of the Constitution. This case held that publication of notice prior to a judicial settlement of accounts by the corporate trustee of a common trust fund does not afford due process of law to those beneficiaries with present interests whose addresses are known to the trustee. The court refused to classify the action as in rem or in personam but held that whatever its technical definition, the published notice was not …
Civil Procedure-Judgments-Revival Of Judgments On Notice Served Outside The State, Nancy J. Ringland S.Ed.
Civil Procedure-Judgments-Revival Of Judgments On Notice Served Outside The State, Nancy J. Ringland S.Ed.
Michigan Law Review
Relator filed a petition for mandamus to compel the respondent, one of the circuit judges of the City of St. Louis, to assume jurisdiction and take steps to revive a judgment for alimony in favor of relator against her former husband, who was a resident of New Jersey, where notice of the proceedings was personally delivered to him, and who had no property within the state of Missouri. The Missouri statute provided that a revival must be "upon personal service duly had upon the defendant or defendants therein." Held, mandamus denied, on the ground that a personal judgment could …
Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.
Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.
Michigan Law Review
Plaintiff, an administrator appointed by an Illinois probate court, brought suit in Michigan under the Indiana death act1 to recover for the wrongful death of decedent which resulted from an accident occurring in Indiana. The trial court sustained defendant's motion to dismiss on the ground that plaintiff had no standing to sue in a Michigan court. Held, reversed. The rule barring actions brought by foreign administrators does not apply to suits brought under the usual type of wrongful death act. Howard v. Pulver, (Mich. 1951) 45 N.W. (2d) 530.
Constitutional Law-Commerce Clause-State Taxation Of Commerce, Allan Neef S.Ed.
Constitutional Law-Commerce Clause-State Taxation Of Commerce, Allan Neef S.Ed.
Michigan Law Review
Plaintiff, a Massachusetts manufacturing corporation operating on a mail order-f.o.b. delivery basis, maintained a branch office and warehouse in Chicago. While some over-the-counter sales were consummated in Chicago, this office acted mainly as a headquarters for an engineering staff maintained as a service to customers, and as a conduit for orders placed by Illinois customers with the company. Orders received at the branch office were forwarded to Massachusetts for acceptance or rejection, and some filled orders were shipped to customers by way of the local outlet as a means of reducing freight costs. Although the Chicago office did not solicit …
Corporations-Liability Of Transfer Agent For Wrongful Refusal To Transfer Shares, Howard Van Antwerp S.Ed.
Corporations-Liability Of Transfer Agent For Wrongful Refusal To Transfer Shares, Howard Van Antwerp S.Ed.
Michigan Law Review
Plaintiff, stockholder in a mining company, sued a transfer agent of the company in conversion for its refusal to transfer plaintiff's stock into block shares. The lower court found for plaintiff. On appeal, held, reversed. There is no direct liability of a transfer agent to the stockholder for wrongful nonfeasance in delaying or refusing to transfer stock. Mears v. Crocker First Nat. Bank of San Francisco, (Cal. App. 1950) 218 P. (2d) 91.
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Michigan Law Review
Plaintiff, as administrator, brought an action to recover for the death and conscious suffering of plaintiff's intestate, allegedly injured, while a viable child within her mother's womb, by the tortious act of the defendant. Defendant's demurrer to the declaration was sustained. On appeal, held, affirmed. Neither the infant nor its personal representative has a cause of action for prenatal personal injuries. Bliss v. Passanesi, (Mass. 1950) 95 N.E. (2d) 206.
Civil Procedure-Verdicts-New Trial For Defendant Because Of Inadequacy Of Verdict Against Him, Cleaveland J. Rice S. Ed.
Civil Procedure-Verdicts-New Trial For Defendant Because Of Inadequacy Of Verdict Against Him, Cleaveland J. Rice S. Ed.
Michigan Law Review
Plaintiff sued on a contract for a pro rata share of an agreed $750 annual bonus in addition to salary. The evidence was undisputed that plaintiff had worked for at least the first six months of the year, and possibly seven. The jury was instructed that if it should find that there was such a contract, it should return a verdict for a fractional part of $750, the amount depending upon the portion of the year worked. The result was a verdict in favor of plaintiff for only $312.50. The trial court denied defendant's motion for new trial on grounds …
Bills And Notes-Indorsements-Liability Of Collecting Bank To Drawer For Payment On Forged Indorsement, Richard Darger
Bills And Notes-Indorsements-Liability Of Collecting Bank To Drawer For Payment On Forged Indorsement, Richard Darger
Michigan Law Review
Plaintiff was the drawer of a series of checks which were signed by, an authorized agent because of the fraudulent representation of one of its employees. These checks were never delivered to the payees but were cashed by defendant bank for the guilty employee upon indorsements forged by him. Defendant indorsed the checks and collected thereon from the drawee bank which, in turn, charged the checks to plaintiff's account. Plaintiff discovered the fraud after the statute of limitations had run on any action by plaintiff against the drawee bank. Plaintiff brought this action seeking recovery on the basis of (1) …
Insolvent Decedents' Estates, Kurt H. Nadelmann
Insolvent Decedents' Estates, Kurt H. Nadelmann
Michigan Law Review
The problems of insolvent decedents' estates have created special difficulties in all legal systems. Two unrelated fields of the law are involved: decedents' estates and insolvency. Treatment of the topic in works on one or the other field is often scanty and few studies exist which deal exclusively with insolvent decedents' estates law. Research in the conflicts problems of the field has led the writer to investigate the differences in the treatment of insolvent decedents' estates in this country, other common law countries, and countries of the civil law. Results of this study are used to discuss problems of the …
Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed.
Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed.
Michigan Law Review
The defendant was convicted of murder in the first degree, following his killing of one Hunter as the outcome of a quarrel. The defendant had pleaded self-defense, contending that Hunter had appeared to threaten him. The defendant was the only witness to testify as to any aggression on the part of Hunter, while the four eyewitnesses to the killing all testified that the accused had attacked Hunter without warning and had fired upon Hunter's wife and child. Defendant's motion for new trial on the ground of newly discovered evidence showing that Hunter had in his pocket an open knife, which …
Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.
Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.
Michigan Law Review
A suit was brought for construction of a will bequeathing a sum of money "To the Home for the Aged located at 2007 N. Capitol Avenue, Indianapolis, Indiana." A home for the aged was conducted at that address by Altenheim of Indianapolis, while Indianapolis Home for the Aged, Inc. was located at 1731 N. Capitol Avenue. The probate court resolved the contest in favor of Altenheim of Indianapolis, holding the bequest to be unambiguous. On appeal, held, reversed. Upon attempted application the bequest was ambiguous and extrinsic evidence was admissible to interpret the language employed. One judge dissented on …
Future Interests-Suspension Of Power Of Alienation-Effect Of Trustee's Power To Sell And Reinvest, Douglas L. Mann S. Ed.
Future Interests-Suspension Of Power Of Alienation-Effect Of Trustee's Power To Sell And Reinvest, Douglas L. Mann S. Ed.
Michigan Law Review
Testatrix' will provided that the residue of her estate was to be held in trust for the benefit of her great-nephews and great-nieces. The income from the trust estate was to be paid to them each year and, when the youngest attained the age of fifty, the corpus was to be divided equally among them. Testatrix left two nephews surviving her. Held, the disposition was valid. There was an implied power in the trustee to sell and reinvest the trust corpus, and therefore, the trust did not violate the statutory prohibition against suspension of the absolute power of alienation. …
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Michigan Law Review
A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).
Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen
Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen
Michigan Law Review
The City of Madison enacted an ordinance prohibiting the sale within the municipality's jurisdiction of milk not pasteurized and bottled within five miles of the city's central square. Plaintiff, an Illinois corporation engaged in distributing milk and milk products in Illinois and Wisconsin, had its pasteurization plant in Illinois, approximately sixty-five miles from Madison. After it had been denied a permit to distribute milk in Madison, plaintiff brought an action for a declaratory judgment as to the validity of the ordinance. The ordinance was upheld by the Wisconsin Supreme Court as a reasonable exercise of the municipality's police power. On …
Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee
Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee
Michigan Law Review
A Review of UNJUST ENRICHMENT: A COMPARATIVE ANALYSIS. By John P. Dawson.
Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates
Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates
Michigan Law Review
An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment. The supreme court of New York, special term, held the law unconstitutional; the appellate division …
Constitutional Law-Fifth Amendment-Privilege Against Self-Incrimination By Admission, Or Knowledge, Of Communist Activities, Morris G. Shanker
Constitutional Law-Fifth Amendment-Privilege Against Self-Incrimination By Admission, Or Knowledge, Of Communist Activities, Morris G. Shanker
Michigan Law Review
ln response to a subpoena, petitioner appeared as a witness before a United States district court grand jury. Several questions concerning· her knowledge and association with the Communist Party were put to her. In each case, she refused to answer the questions, claiming the constitutional privilege against self-incrimination. For refusal to answer these same questions when brought before the district court, petitioner was adjudged to be in contempt of court. The court of appeals affirmed the holdings, and certiorari was granted by the Supreme Court. Held, judgment reversed. The Smith Act makes it unlawful to advocate knowingly the desirability …
Corporations-Voluntary Reorganization Under The Public Utility Holding Company Act Of 1935-Valuation Of Stock Option Warrant, William H. Bates
Corporations-Voluntary Reorganization Under The Public Utility Holding Company Act Of 1935-Valuation Of Stock Option Warrant, William H. Bates
Michigan Law Review
Appellant corporation submitted a voluntary reorganization plan to the Securities and Exchange Commission pursuant to sections II(h)(2) and II(e) of the Public Utility Holding Company Act of 1935. The plan consisted of two parts. The first proposed consolidation of three of the appellant's subsidiaries into a newly formed operational company. The second part provided for dissolution of the appellant corporation, with the holders of securities therein being issued stock in the new corporation to the extent of the value of their interest in the appellant corporation. All the security holders of appellant were allowed participation in the securities of the …
Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.
Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.
Michigan Law Review
The respondent suffered a loss by fire, and being uncertain as to which party was liable to compensate for this loss, joined the petitioner and two others as defendants in a suit asking for alternative relief. The petitioner and one of the defendants were insurance corporations with residence outside the state, while the third defendant's residence was the same as that of the respondent. The corporate defendants secured removal of the case to the federal court, and on a trial of the issues, a judgment was rendered for the respondent against the petitioner in the amount of the insurance claimed …
Trusts-Construction-Whether Devise Of "Any Undisbursed Income" After Life Tenant's Death Includes Income Which Accrued Before Life Tenant's Death, Jean Engstrom S. Ed.
Trusts-Construction-Whether Devise Of "Any Undisbursed Income" After Life Tenant's Death Includes Income Which Accrued Before Life Tenant's Death, Jean Engstrom S. Ed.
Michigan Law Review
Testator's residuary estate was put in trust to pay income, dividends and profits to the testator's wife "so long as she shall live." In the same paragraph the will provided that at her death the "trustee shall stand seized and possessed of said residuary estate including any undisbursed income in trust." In a sub-paragraph the trustee was directed to "pay over the balance of said residuary estate to St. Joseph's Hospital." During her widowhood, testator's wife was in Switzerland where wartime exchange controls precluded payment of income to her under the terms of the trust. Both her administrator and the …
Wills-Construction-Meaning Of Word 'Widow" When Used By Testator, Walter L. Dean S. Ed.
Wills-Construction-Meaning Of Word 'Widow" When Used By Testator, Walter L. Dean S. Ed.
Michigan Law Review
Testatrix set up a testamentary trust which was to continue "until the death of the last survivor of such of my children, grandchildren and any widow of my son, surviving him as shall be living at my decease." Upon the death of any child the trustee was directed to pay to "the husband or widow" of such child a part of the principal or an annuity from the income of the trust. Testatrix' son remarried after her death and on his death the trustee brought this action to determine whether the second wife who was living at testatrix' death, was …
Committee Of The Association Of American Law Schools: Selected Essays On Family Law, Hobart Coffey
Committee Of The Association Of American Law Schools: Selected Essays On Family Law, Hobart Coffey
Michigan Law Review
A Review of SELECTED ESSAYS ON FAMILY LAW. Compiled and Edited by a Committee of the Association of American Law Schools.
Taxation-Federal Income Tax-Accounting For Money Mistakenly Received Under A Claim Of Right, Allan Neef
Taxation-Federal Income Tax-Accounting For Money Mistakenly Received Under A Claim Of Right, Allan Neef
Michigan Law Review
The plaintiff taxpayer, as the general manager of a manufacturing corporation, received a bonus of approximately $22,000 for the 1944 calendar year, pursuant to a percentage-of-net-profits bonus arrangement. In 1946, a state court found that this bonus had been erroneously computed, and that the terms of the agreement only called for a payment to the plaintiff of about $11,000 for the prior year. As a result of this adverse judgment, the plaintiff repaid the excess to the corporation, and filed an amended tax return and a timely claim for a refund of the prior tax on such amount with the …
Taxation-Federal Income Tax-Sale Of Unmatured Crop As Capital Gain Or Ordinary Income, Alan C. Boyd S. Ed.
Taxation-Federal Income Tax-Sale Of Unmatured Crop As Capital Gain Or Ordinary Income, Alan C. Boyd S. Ed.
Michigan Law Review
Petitioner sold a farm owned over six months upon which was a growing but unmatured wheat crop. When taxed upon the amount of sale price apportionable to the crop as ordinary income, he contended that under state law the land was a capital asset and that the growing crop was an inseparable part thereof. He concluded, therefore, that the entire amount should have been taxed as a capital gain. The purchaser testified that he had considered the crop to be worth about $8,500 and that he had deducted this amount in his own tax return as cost of the crop. …
Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.
Wills-Construction-Use Of Extrinsic Evidence, John A. Hellstrom S. Ed.
Michigan Law Review
An action for a declaratory judgment was brought by William C. Borah, Jr. against the Lincoln Hospital Association and William H. H. Moore. In July 1912, Robert E. Moore made a will bequeathing $10,000 each to his nieces, Gertrude and Julia Byerly. Gertrude had been married but her husband and only child died in 1908. Julia was married and had a son, the plaintiff. In June 1916, testator visited the nieces and the plaintiff and in December 1916, he added a codicil to his will reducing the bequests to the nieces to life estates with remainder to "the child of …
This Issue Is Dedicated To The Memory Of The Late Professor Grover Cleveland Grismore, Edson R. Sunderland, Paul A. Leidy, Marcus A. Plant
This Issue Is Dedicated To The Memory Of The Late Professor Grover Cleveland Grismore, Edson R. Sunderland, Paul A. Leidy, Marcus A. Plant
Michigan Law Review
A tribute to Grover Cleveland Grismore
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Michigan Law Review
THE new Trade-Mark Act,1 widely heralded as giving added protection to trade-mark owners, has in its nearly four years of operation resulted, in several spectacular instances, in narrowing the rights conferred by the registration and use of trade-marks. Text author Rudolph Callmann remarked after the act's first birthday: "Despite all the efforts of the bar, our courts still cling to the familiar anachronisms."2 Where do trade-mark owners stand today? The Supreme Court has to date failed to answer this question, and the federal courts have refused to consider the import of the new legislation. Many commentators, attorneys and scholars thought …
Jurisdiction In Private International Air Law Cases, H. Alberta Colclaser
Jurisdiction In Private International Air Law Cases, H. Alberta Colclaser
Michigan Law Review
Causes of action involving nationals of different countries frequently give rise to jurisdictional problems. These problems become pronounced in cases where absence of the defendant from the jurisdiction where the cause is heard results in allegations of substantive or procedural prejudice to the defendant and in cases where the failure of the defendant to satisfy a judgment awarded against him creates a necessity for the plaintiff to take his case to another jurisdiction for execution.