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Articles 5641 - 5670 of 6130

Full-Text Articles in Law

In Re Whittier's Estate, John W. Richards Aug 1947

In Re Whittier's Estate, John W. Richards

Washington Law Review

It is related of Daniel Webster that while engaged in argument before the Supreme Court of the United States he was interrupted by the Chief Justice with the comment: "That, Mr. Webster, is not the law." And Daniel Webster replied, in the grand tradition of advocacy which seems to have passed from among us: "It was, sir, until your honor spoke." That observation seems particularly apropos to In re Whittier's Estate, which represents either a startling innovation in the normally placid field of Wills, or an unhappy contretemps from which one turns with embarrassment and the hope that everyone concerned …

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Recent Developments Under The Dead Man Statute, Douglas A. Wilson Aug 1947

Recent Developments Under The Dead Man Statute, Douglas A. Wilson

Washington Law Review

The "Dead Man Statutes" of the several states, which exclude testimony by interested parties in certain cases, stand in the unique position of being condemned by all the modern writers on the law of evidence. Yet this exception to the abrogation of the common law rule against testimony by interested parties still survives in the majority of the states, and furthermore, the courts are generally agreed that the statutes are to be strictly construed. However, in the application to a particular set of facts, such as whether the interested survivor may deny that a transaction took place, or whether the …

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A Practitioner's Guide To Estate Planning In Washington [Part 1], Charles Horowitz Aug 1947

A Practitioner's Guide To Estate Planning In Washington [Part 1], Charles Horowitz

Washington Law Review

Estate planning in the broad sense is an individual's planning for the acquisition, conservation, use and distribution of his property. In the more restricted sense of the phrase with which we are here concerned, estate planning is an individual's planning for the most beneficial transfer and transmission of property to estate beneficiaries integrated with planning against unnecessary estate shrinkage. Such planning involves provision for efficient and prudent management, provision for estate liquidity sufficient to prevent unneccessary sacrifice of estate assets, provision for minimizing the costs of administration and management, and provision for minimizing income, gift, inheritance and estate taxation.

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The 1943 Washington Arbitration Act, John C. Braman May 1947

The 1943 Washington Arbitration Act, John C. Braman

Washington Law Review

Changes in the arbitration laws of the State of Washington effected by the 1943 Act, can be expected to increase the effectiveness of written arbitration agreements as a means of settling controversies. The new act is patterned after the old Washington act of 1881, which was repealed in toto, but its scope is larger and it is more specific in providing legal machinery for the conduct of arbitration.

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Observations From A Trial Bench, Ralph O. Olson May 1947

Observations From A Trial Bench, Ralph O. Olson

Washington Law Review

An address delivered at the Law School Banquet, University of Washington, on April 18, 1947.

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The Case Of Decasto Earl Mayer And Mary Ellen Smith, Hayden H. Hilling May 1947

The Case Of Decasto Earl Mayer And Mary Ellen Smith, Hayden H. Hilling

Washington Law Review

On September 5, 1928, James Eugene Bassett left his sister's home at Bremerton, Washington, with the intention of returning that evening, but was never seen again. Bassett's disappearance aroused nationwide interest and he was made the object of a most intensive but unavailing search. The unanswered question remains: Could a legally sufficient case be made against any defendant for the murder of Bassett, assuming overwhelming evidence of the defendant's connection with whatever catastrophe may have befallen him, but almost no independent evidence that he was dead and not merely missing? Due to an unfortunate chain of events, the question was …

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The Vendor-Purchaser Relationship In Washington, Stuart G. Oles May 1947

The Vendor-Purchaser Relationship In Washington, Stuart G. Oles

Washington Law Review

The persistence with which our court clings to the unfortunate language of the leading case of Ashford v. Reese has given rise to considerable confusion in the local practice. This comment is written with the hope that it may aid in dispelling that confusion. The overwhelming weight of authority in this country has been to the effect that the vendee under an executory contract to purchase land is the equitable owner. The early cases in this jurisdiction adhered closely to the prevailing view, which in essence simply states the eminently practical attitude that such a vendee has certain equities in …

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Injury By Accidental Means And The Effect Of Disease In Accident Insurance Policies, Jennings P. Felix May 1947

Injury By Accidental Means And The Effect Of Disease In Accident Insurance Policies, Jennings P. Felix

Washington Law Review

A troublesome problem in the field of accident insurance is the interpretation of the phrase "by accidental means" and the effect of pre-existing disease upon a case involving this interpretation. The decisions vary, not only from state to state but often within the same jurisdiction. This confused state' of case law results from the innumerable variety of fact patterns considered; and is due, in part, to the well-recognized sympathy of jurors toward widows and orphans who comprise the largest class of beneficiaries. The cases exemplify two main views, each supported by considerable authority.

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Administration Of Partnership Estates In Washington: Probate Code V Uniform Partnership Act, John Mcsherry, Jr. Feb 1947

Administration Of Partnership Estates In Washington: Probate Code V Uniform Partnership Act, John Mcsherry, Jr.

Washington Law Review

Were a contest to arise today in Washington between a surviving partner and the administrator or executor of his deceased partner's estate, as, to which has the right to administer the partnership estate (assuming the surviving partner has not complied with the requirements of the Probate Code), each contestant could invoke statutes which apparently support his claim and exclude the other's. The administrator would turn to the Probate Code; the surviving partner, to the Uniform Partnership Act. Our court would then be faced with the task of deciding which should control.

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Cooperative Corporation Law On The Marketing Transaction, A. Ladru Jensen Feb 1947

Cooperative Corporation Law On The Marketing Transaction, A. Ladru Jensen

Washington Law Review

In our generation American agricultural leaders have pioneered a new system of marketing. They have developed and expanded a new type of business unit: an association of producers acting by and through a non-profit corporation agent which they create and control. In our day the lawyers, admmistrators, judges and legislators are engaged in clarifying the legal concepts involved in the personal, corporate and propity relations which a pioneering generation of agricultural cooperators have created by their new commercial practice called cooperative marketing.

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Community Property Status Of Income From Business Involving Personal Services And Separate Capital, F. A. Lesourd Feb 1947

Community Property Status Of Income From Business Involving Personal Services And Separate Capital, F. A. Lesourd

Washington Law Review

Still uncertain in many community property states after a half century of litigation is the community or separate status of income derived by the husband or wife from a business involving personal services and separate capital.

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The Attractive Nuisance Doctrine In Washington, L. R. Bonneville, Jr. Feb 1947

The Attractive Nuisance Doctrine In Washington, L. R. Bonneville, Jr.

Washington Law Review

It is here proposed to examine the cases in Washington wherein "attractive nuisance" has been discussed, for the purpose of determining the scope of the doctrine as it has been accepted in this state, and to point out the types of situations in which an unsuccessful attempt has been made to apply this rule, for the appellate court in this state has dealt with the doctrine primarily in a negative manner, i.e. has denied its applicability to most of the factual, situations in cases where the issue has been raised on appeal, which in itself illustrates that the bar of …

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Recent Developments In The Washington Old Age Assistance Program, Vern Countryman Nov 1946

Recent Developments In The Washington Old Age Assistance Program, Vern Countryman

Washington Law Review

More than 60,000 persons over 65 years of age in the State of Washington now receive old age assistance totaling in excess of $3,500,000 per month. With the progressive advancement of life expectancy and the decline of employment opportunities for the aged in the postwar years, these figures can be expected to increase until by 1950 more than 75,000 aged persons in this state will receive assistance which, under present standards, will approximate $5,000,000 per month. Administration of this huge program of public assistance has been carried out under laws which are models of benevolent purpose and obscure meaning.

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Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 2], Ernest Howard Campbell Nov 1946

Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 2], Ernest Howard Campbell

Washington Law Review

A continuation of the article from the July 1946 issue.

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Judicial Interpretation Of Conveyances In Consideration Of Support, Jane E. Dowdle Nov 1946

Judicial Interpretation Of Conveyances In Consideration Of Support, Jane E. Dowdle

Washington Law Review

The problem of construing the legal effect of a conveyance of land by a grantor in consideration of support and maintenance during the remainder of his life by the grantee has been presented quite frequently to the courts This type of transaction has been regarded as sui generis and hence not controlled by the usual rules applicable to conveyances of land the consideration for which is the promise of the grantee to perform certain acts in the future The presumption is that the primary purpose of the grantor is to secure the personal performance by the grantee of the obligation …

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The Development Of The Doctrine Of Stare Decisis And The Extent To Which It Should Be Applied, Fred W. Catlett Jul 1946

The Development Of The Doctrine Of Stare Decisis And The Extent To Which It Should Be Applied, Fred W. Catlett

Washington Law Review

The number of recent decisions by the Supreme Court of the United States overruling earlier decisions of that Court has profoundly disturbed a large section of the bar of the United States and a considerable number of its thoughtful citizens It has even induced protest and caused foreboding among the members of that Court itself. This feeling does not arise from the fact that the bar and public are entirely unaccustomed to reversals of its former decisions by the Supreme Court of the United States Such reversals have occurred in the past. But they have been by no means so …

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Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 1], Ernest Howard Campbell Jul 1946

Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 1], Ernest Howard Campbell

Washington Law Review

While the dominant concern in this article is to consider the legality and propriety of the issuance of the order canceling air mail route certificates in February, 1934, the requirements of procedural due process of the Fifth Amendment of the Federal Constitution in promulgating this order, and the litigation resulting therefrom, the historical and congressional background of the aviation industry, with special emphasis upon air mail, will first be briefly surveyed.

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Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee Jul 1946

Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee

Washington Law Review

Has Washington completely abrogated the common law rule which makes any person convicted of an infamous crime an incompetent witness?

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Constitutional Amendments—Some Current Proposals, Paul P. Ashley Apr 1946

Constitutional Amendments—Some Current Proposals, Paul P. Ashley

Washington Law Review

The purpose of this article is to catalogue currently proposed amendments for the convenience of the segment of society most competent to pass upon them Principal contentions pro and con will be summarized or indicated

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Washington Workmen's Compensation: The Duplicate Task Of Commission And Courts In Hearing Appeals Upon The Facts, M. Bayard Crutcher Apr 1946

Washington Workmen's Compensation: The Duplicate Task Of Commission And Courts In Hearing Appeals Upon The Facts, M. Bayard Crutcher

Washington Law Review

There are few instances in the law when a litigant can appeal to three successive tribunals upon findings of fact alone, and obtain a complete rehearing in each of them Such is the anomalous procedure permitted in cases arising under our Industrial Insurance Act. That, and the provision for a jury sitting on the second appeal, may help to explain the frequency with which "Blank v Department of Labor and Industries" appears in our advance sheets.

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The Immediate Tasks Of International Law And Organization [Part 2], Linden A. Mander Apr 1946

The Immediate Tasks Of International Law And Organization [Part 2], Linden A. Mander

Washington Law Review

A continuation of the article from the January 1946 issue.

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Legal Limits Of Coastal Fishery Protection, Edward W. Allen Jan 1946

Legal Limits Of Coastal Fishery Protection, Edward W. Allen

Washington Law Review

Lawyers of the Pacific Coast and all lawyers dealing with international law will be interested in President Truman's proclamation of September 28th, wherein he sets forth a constructive policy for the control and conservation of the coastal fisheries of this and other nations. Thus is brought to consummation a campaign originating on this coast some ten years ago to demand that our government review the subject of ocean fisheries and adopt an affirmative policy consistent with existing facts and a rational interpretation of international law.

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The Immediate Tasks Of International Law And Organization [Part 1], Linden A. Mander Jan 1946

The Immediate Tasks Of International Law And Organization [Part 1], Linden A. Mander

Washington Law Review

Within recent years the legal profession has shown remarkable activity in the study of international relations. At Bar Association meetings, resolutions have been adopted; members of the bench and bar have associated themselves with important movements and pronouncements; and international organizations comprising lawyers and judges have borne witness to the widening sphere of interest and action on the part of those to whom law and order make a peculiarly immediate appeal in view of their training and professional activity. The few examples which will be given may serve as justification for an attempt to summarize a number of important developments …

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The Amendment Of The Waste Statute—Retrogression?, Harry M. Cross Jan 1946

The Amendment Of The Waste Statute—Retrogression?, Harry M. Cross

Washington Law Review

It has generally been true that the provisions of waste statutes authorizing multiple damage awards are strictly construed, but this normally has meant that multiple damages will be awarded for voluntary waste whether innocently committed or not, and only single damages for permissive waste. Although the variance between the permissive "may" and the mandatory "shall" might not compel the court to reach a different conclusion, under the limitation of the permissive language of the statute announced in DeLano v. Tennent, it would appear that the legislature by changing to "shall" has flatly rejected the policy against awarding multiple damages and …

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Jurisdictional Disputes, Donald R. Colvin Nov 1945

Jurisdictional Disputes, Donald R. Colvin

Washington Law Review

To understand better the tremendous scope of this labyrinthical situation, the following hypothetical, but not usual case is posed: The employees of A are members of B union. They are satisfied with their hours, working conditions, and wages and there is no allegation of any unfair labor practices upon the part of A. C, a rival union, enters the field, contending that the employees should affiliate with it, and, in order to prosecute its point, either pickets A or instigates a boycott. If A's employees were to accede to C's demands, it is highly probable that B would take resort …

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The Dissolving Structure Of Our Constitutional Law, Edward S. Corwin Nov 1945

The Dissolving Structure Of Our Constitutional Law, Edward S. Corwin

Washington Law Review

Accepting the Clausewitz thesis that "war is only an extension of policy," we are free to say that the politicians have created chaos in these latter days in a rather wholesale way. But that is another story. The World Revolution is not my topic, but the comparatively limited revolution which we have been witnessing in our own country the last few years in consequence of the New Deal and more recently of the war. How has this revolution affected conceptions of governmental power in the United States; how is it to be evaluated in terms of American Constitutional Law? For …

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Timber Deeds—A Case For The Restatement Of The Law Of Property, Eugene C. Luccock Nov 1945

Timber Deeds—A Case For The Restatement Of The Law Of Property, Eugene C. Luccock

Washington Law Review

Presumably, to a lumberman, a manufacturer, a wage earner or an investor a stand of trees is just a given number of trees of various types, or, perhaps better, a given quantity in board feet of merchantable lumber, which can be profitably converted into money as and when proximity to market and market price permit. More broadly, to a conservationist, trees in various stages of growth are national assets capable of continuous reproduction and the source of a constant as well as an immediate supply of material for structural and other uses. These differences in approach aside, and leaving out …

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Legal Characteristics And Consequences Of Voting Trusts, J. Gordon Gose Jul 1945

Legal Characteristics And Consequences Of Voting Trusts, J. Gordon Gose

Washington Law Review

Quite frequently it becomes desirable for corporate stockholders to combine the voting power of their stock for a common purpose. The device usually employed to achieve that objective is the voting trust. Under the conventional voting trust arrangement, two or more stockholders transfer the legal title to their stock to a common trustee, who causes new certificates to be issued in his name. The voting trustee then issues voting trust certificates to the beneficial owners of the stock. The terms under which the stock is held in trust are defined by a written voting trust agreement.

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Workmen's Compensation In Washington—Truly Liability Without Fault, E. B. Mcgovern Jul 1945

Workmen's Compensation In Washington—Truly Liability Without Fault, E. B. Mcgovern

Washington Law Review

The turn of the century witnessed the commencement of a great movement, in the United States, of social and economic legislative reform. In their obedience to the people's will, state legislatures bent to the task of eliminating what were then, and still are, viewed as evils too long existent. It was in the field of labor-capital relations that our legislatures early found matter for profound consideration. European nations, following enactment of the first compensation law in Germany in 1884, had emphasized one social and economic evil—the unfortunate plight of the workingman, injured in the course of his employment, who had …

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A Reconciliation Of Priorities Under Executory Contracts For The Sale Of Land, Donald R. Colvin Jul 1945

A Reconciliation Of Priorities Under Executory Contracts For The Sale Of Land, Donald R. Colvin

Washington Law Review

Among the many complexities of modem business and financial life none is fraught with more intricacies than the utilization of credit. Economic exigencies have dictated that many must purchase without the immediate ability to pay. The seller, likewise, has evidenced an eagerness to sell and transfer the possession of his property upon the receipt of a promise that payment will be subsequently made at a specified date. Thus commerce thrives and the needs of the community are satisfied. It is, however, necessary that the seller receive some further assurance, some more reliable protection than the mere promise of the buyer …

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