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Full-Text Articles in Law
Future Interests-Remainder To A Class As A Vested Remainder
Future Interests-Remainder To A Class As A Vested Remainder
Michigan Law Review
Testator left to his daughter certain real estate "as her sole and separate property during her natural life and at her death to her children absolutely." One of the children mortgaged his interest in the remainder to plaintiff and died, the life tenant surviving him; and thereafter the plaintiff brought suit for foreclosure. Held, this was a remainder to uncertain persons which did not vest in anyone during the life of the life tenant; and therefore the mortgage was a nullity. Deener v. Watkins, 191 Ark. 776, 87 S. W. (2d) 994 (1935).
Constitutional Law-Due Process--Nonresident Motorist Statute
Constitutional Law-Due Process--Nonresident Motorist Statute
Michigan Law Review
Petition for writ of prohibition on the ground that the notice provided by the Arkansas nonresident motorist statute did not meet the requirements of the due process clause of the Fourteenth Amendment. The statute required that service of process be had on the secretary of state and that the plaintiff send notice of such service to the nonresident defendant at his last known address by registered letter, and required that the defendant's return receipt or the affidavit of the plaintiff of compliance with the statute be filed in the office of the clerk of court. Held, the statute is …
Trusts-"Swelling Of Assets" Theory In Tracing Misapplied Funds
Trusts-"Swelling Of Assets" Theory In Tracing Misapplied Funds
Michigan Law Review
Plaintiff's husband gave certain bonds to a college, to be held in trust until the death of the donor and his wife, and then to be added to the endowment funds of the college. The college was also to pay an annuity to the donor while he lived, and to his wife for life if she survived him. The cestui was given a right to revoke the trust and take back the bonds if the annuity was not paid. The college, without notice to the cestui, sold the bonds and used the funds to install a heating plant in its …
Specific Performance-Failure Of Vendor's Title
Specific Performance-Failure Of Vendor's Title
Michigan Law Review
The defendant leased his ice plant to the plaintiff with an option to purchase at a certain price and to pay an additional $50 in ice at the market price for the "east 15 ft. of lot 4." The plaintiff exercised the option and performed all the conditions. The defendant failed to execute a deed to the "east 15 ft. of lot 4," claiming that he did not own it, although he had accepted part of the purchase price for the parceI not owned and it was necessary for the operation of the ice plant. In an action for specific …