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Full-Text Articles in Law

Disclaimers As An Estate Planning Tool, J. Rodney Johnson Dec 1973

Disclaimers As An Estate Planning Tool, J. Rodney Johnson

Law Faculty Publications

Most lawyers are familiar with the importance and function of post-mortem estate planning. This article will focus on one tool that is being used with ever increasing frequency in all phases of the post-mortem estate planning process- the disclaimer.


Multiple-Party Bank Accounts Under The Uniform Probate Code, J. Rodney Johnson Jan 1973

Multiple-Party Bank Accounts Under The Uniform Probate Code, J. Rodney Johnson

Law Faculty Publications

Although this article is intended as a summary of the Uniform Probate Code's provisions in the area of multiple-party accounts. it may be at least sufficient to suggest the much-needed certainty and uniformity which the UPC will bring to a confused and confusing area of the law. The beneficiaries of this advance will be the public, who will have another alternative to probate in appropriate cases, and financial institutions, who will have another service to market. For these reasons it is suggested that the banking community will want to lend its enthusiastic support when the UPC is introduced into any …


Joint, Totten Trust And P.O.D. Bank Accounts: Virginia Law Compared To The Uniform Probate Code, J. Rodney Johnson Jan 1973

Joint, Totten Trust And P.O.D. Bank Accounts: Virginia Law Compared To The Uniform Probate Code, J. Rodney Johnson

Law Faculty Publications

Litigation involving the survivorship rights of parties to joint accounts has been before the Supreme Court of Virginia on ten occasions since 1955. These ten cases, plus one older one, constitute all of Virginia's case law on this subject. Instead of attempting a chronological analysis of the development of this case law, it is proposed to state such rules as now exist and compare them with the results that would be obtained under the new Uniform Probate Code. In addition, attention will be focused on the statutes that deal with the rights of parties and financial institutions in deposit accounts …


Inheritance Rights Of Children In Virginia, J. Rodney Johnson Jan 1973

Inheritance Rights Of Children In Virginia, J. Rodney Johnson

Law Faculty Publications

The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger problem area without always taking into account the "spin-off' effect that their particular legislation might have on all of the other sections dealing with the succession rights of children, it is not surprising to find that there …


A Letter Of Lewis Burwell To James Burrough, July 8, 1734, William Hamilton Bryson Jan 1973

A Letter Of Lewis Burwell To James Burrough, July 8, 1734, William Hamilton Bryson

Law Faculty Publications

Not long ago while rummaging through the record office in Bury St. Edmunds, I came across a letter 1 from Lewis Burwell (1710-1756) of Gloucester County, Virginia, to James Burrough (1691-1764), his cousin and former tutor at Gonville and Caius College, Cambridge, which sheds some light upon the Burwell family and the education of colonial Virginians in the mother country.