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Full-Text Articles in Law

The Problem Of Delinquent Juveniles, Joseph A. Barto Nov 1947

The Problem Of Delinquent Juveniles, Joseph A. Barto

Washington Law Review

No abstract provided.


Report Of The Chairman Of The House Judiciary Committee, Theodore Turner Nov 1947

Report Of The Chairman Of The House Judiciary Committee, Theodore Turner

Washington Law Review

Addressing legislative aspects of juvenile delinquency.


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 …


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 …


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.


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.


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.


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 …


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 …


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.


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.


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.


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.


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 …