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Series

1987

Estates and Trusts

Articles 1 - 10 of 10

Full-Text Articles in Law

The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander Oct 1987

The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander

Cornell Law Faculty Publications

Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of …

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14th Annual Seminar On Estate Planning, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Edward A. Rothschild, John R. Cummins, Homer Parrent Iii, William F. Rigby, K. Sidney Neuman, Gary B. Houston, James Bremer, Daniel B. Santos, John T. Bondurant Jul 1987

14th Annual Seminar On Estate Planning, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Edward A. Rothschild, John R. Cummins, Homer Parrent Iii, William F. Rigby, K. Sidney Neuman, Gary B. Houston, James Bremer, Daniel B. Santos, John T. Bondurant

Continuing Legal Education Materials

Outlines of speaker presentations from the 14th Annual Seminar on Estate Planning held by UK/CLE on July 17-18, 1987.

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Transfer -On-Death Securities Registration: A New Title Form, Richard V. Wellman Apr 1987

Transfer -On-Death Securities Registration: A New Title Form, Richard V. Wellman

Scholarly Works

This article is inspired by a new form for registering corporate shares that is now available to certain stockholders of Southwestern Bell Corporation (SBC). Designed to replace stock registrations that make two or more persons appear to be co-owners, the new form, referred to herein as a transfer-on-death (TOD) registration, enables a sole owner to register a designation of a death beneficiary in whose favor a transfer on death of the registered shares may occur outside the probate process. The new registration form extends a key provision of the Uniform Probate Code (U.P.C.) that was designed to encourage development of …

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Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …

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Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1986-87), J. Rodney Johnson Jan 1987

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1986-87), J. Rodney Johnson

Law Faculty Publications

The 1987 session of the General Assembly enacted legislation dealing with wills, trusts and estates that amended fourteen sections and added three new sections to the Code of Virginia (the "Code"). In addition to this legislation, there were five cases from the Virginia Supreme Court during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Code sections, they will be ref erred to in the text by their section numbers …

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An Overview Of Fair Housing, Kenneth J. Kowalski Jan 1987

An Overview Of Fair Housing, Kenneth J. Kowalski

Law Faculty Articles and Essays

The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also discusses specific evidentiary issues, …

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The Recent Expansion Of Fiduciary Obligation: Common Themes And Future Developments, John D. Mccamus Jan 1987

The Recent Expansion Of Fiduciary Obligation: Common Themes And Future Developments, John D. Mccamus

Articles & Book Chapters

It may reasonably be asked, of course, whether the fiduciary concept is one which can bear this workload without sustaining a work-related injury of some sort. Although, as I shall suggest below, the extension of the concept to new and intriguingly different fact situations should not be a cause for alarm, there is some evidence in the case law that the concept is drifting away from its moorings from time to time. As it is the view of the author that this latter development does bring with it the risk of some confusion, and he proposes to draw attention to …

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The Puzzling Persistence Of The Constrained Prudent Man Rule, Jeffrey N. Gordon Jan 1987

The Puzzling Persistence Of The Constrained Prudent Man Rule, Jeffrey N. Gordon

Faculty Scholarship

Professor Gordon examines a seeming paradox: How did a rule named for the "prudent man," with its connotations of wisdom and judiciousness, become a constraint that discourages trustees and other fiduciaries from making investments now regularly favored by prudent investors? He argues that the current understanding of the Prudent Man Rule, the standard governing investments by trustees and other financial fiduciaries, is founded on a narrow conception of risk and safety that has been superseded by contemporary understanding of markets and investments, and in particular, portfolio theory. He identifies three factors that have prevented the Rule from evolving in response …

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Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt Jan 1987

Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt

Law Faculty Scholarly Articles

The act of giving a gift is accomplished so easily that the legal consequences often escape the donor. Even when a donor stops to contemplate the legal significance of her or his act, a parental donor probably is unaware that a gift to a child may affect the child's inheritance rights in the parent's estate. Kentucky is among the minority of states which continue to presume that a parental gift is intended as an advancement to the child donee. Moreover, Kentucky is one of only two states which make the presumption irrebutable. The value of the gift is charged against …

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Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner Jan 1987

Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner

Articles

The wait-and-see version of perpetuity reform has gained a new champion in the United States. The National Conference of Commissioners on Uniform State Laws-the body responsible for promulgating uniform legislation, such as the Uniform Commercial Code, for recommended enactment by the federal states-recently approved a Uniform Statutory Rule Against Perpetuities. Shortly thereafter, the Uniform Act was endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers.

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