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Full-Text Articles in Law
Trusts—Rule Against Perpetuities—Cy Pres: Dominant General Testamentary Intent As A Prerequisite To Application—In Re Estate Of Chun Quan Yee Hop, 469 P.2d 183 (Hawaii 1970), Anon
Washington Law Review
Testator provided that a trust "cease and determine upon the death of my wife... or thirty years from the date of my death, whichever shall last occur... ." After finding the provision violative of the Rule Against Perpetuities, the Supreme Court of Hawaii judicially adopted the cy pres (equitable approximation) doctrine to uphold the trust by shortening the period from 30 to 21 years. The court held specifically that "any interest which would violate the Rule Against Perpetuities shall be reformed within the limits of that rule to approximate most closely the intention of the creator of the interest." In …
Probate In England: A Blueprint For The Future?, Robert L. Fletcher
Probate In England: A Blueprint For The Future?, Robert L. Fletcher
Washington Law Review
A book review essay considering Probate Can be Quick and Cheap: Trusts and Estates in England, by William F. Fratcher (1968).
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Law Review
Under Washington law the marital property rights of a couple who moves to Washington are treated differently than those of a native couple. The author traces the source and effects of this practice, examines possible common law solutions, and recommends adoption of a "quasicommunity property" statute, similar to the successful California statute which gives the migratory spouse protection and inheritance tax treatment comparable to that of the native spouse.