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Taxation-Federal Estate And Gift Taxation-Powers Of Appointment Act Of 1951, William O. Allen S. Ed.
Taxation-Federal Estate And Gift Taxation-Powers Of Appointment Act Of 1951, William O. Allen S. Ed.
Michigan Law Review
It is the purpose of this comment to trace the history of Congress' treatment of powers of appointment in the past and to examine the latest legislative pronouncement, the Powers of Appointment Act of 1951.
Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.
Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.
Michigan Law Review
Testatrix was given a general testamentary power of appointment over the corpus of a trust by her deceased husband's will. His will further directed that "a general residuary clause in her will shall not be deemed to be an exercise of said power of appointment." Plaintiff was named as a taker in default of appointment. The testatrix died eight years later leaving a will which expressly provided that it was exercising the power of appointment. One paragraph of her will gave several specific bequests from the said trust estate; the paragraph following provided: "All the rest, residue and remainder of …
Powers - Less Than Outright Appointments, H. Marshall Peter
Powers - Less Than Outright Appointments, H. Marshall Peter
Michigan Law Review
The decedent created a voluntary trust, providing for income payments to himself during his life and upon his death to X for her life, and directing the trustee "at her death to pay over and deliver the principal of said trust to whomsoever may be designated by her by Will or other testimentary instrument . . . . " In the event that she failed to make such designation, her descendants, or, if there were none, her heirs were to receive the principal. X in her will gave her husband a life estate and, on his death or remarriage, bequeathed …
Powers - Excluding Creditors Of The Donee Of A General Power By Express Provisions By The Donor, S. W. Boyce, Jr.
Powers - Excluding Creditors Of The Donee Of A General Power By Express Provisions By The Donor, S. W. Boyce, Jr.
Michigan Law Review
There is very little authority upon this subject; lawyers seemingly assume that the picture is complicated enough without venturing into new fields. In only two jurisdictions are there actual reported cases where the donor has tried by specific provisions to restrain creditors of the donee.
The Impact Of The Law Of Powers Upon Our Internal Revenue Laws, Montgomery B. Angell
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 …
Taxation - Validity Of Retroactive Inheritance Tax On Contingent Trust Remainders, Francis T. Goheen
Taxation - Validity Of Retroactive Inheritance Tax On Contingent Trust Remainders, Francis T. Goheen
Michigan Law Review
In 1877 the settlor created an irrevocable trust with reservation of the income for life. Under the terms of the trust deed, on the death of the settlor, the income was to be paid for twenty years after the settlor's death "to and among such of" settlor's children as may be living at the time of the payment. The living issue of deceased's children were to take by right of representation. On the death of the settlor in 1931 the state of Massachusetts by statute enacted in 1907 taxed the remainder as property passing by deed "intending to take effect …
Powers - Execution By A Residuary Clause, Herman J. Bloom
Powers - Execution By A Residuary Clause, Herman J. Bloom
Michigan Law Review
A testator devised all his property in trust; he instructed the trustees to purchase a residence for his wife and gave her the general power to appoint by will, both with respect to this proposed residence and with respect to a sum of money from the testator's estate, the aggregate amount being $20,000. The trustee purchased a 25-foot lot and the wife purchased 8 1/ 3 feet of an adjoining lot. At the request of the wife, the trustees erected a two family residence, the main part of the building being on the 25-foot lot, but the eaves and one …
Trusts-Interest Required To Support Suit For Protection Of Res
Trusts-Interest Required To Support Suit For Protection Of Res
Michigan Law Review
The deceased had established a trust making the trust company and one Percy S. Peck co-trustees, and Peck was also made one of several beneficiaries. The will provided that Peck should have a general power of appointment by will over the corpus of the estate, and that in default of the exercise of such power, it should go to his issue if living. The plaintiffs are the issue of Peck, who is still alive. The trustees made certain investments which the plaintiffs claim injure the corpus of the trust, for which they ask that the transactions be declared illegal and …