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Trusts--Constructive Trusts--Effect Of Inter-Vivos Transfer Of Land On Oral Trust To Reconvey To Transferor, Ira M. Price, Ii S.Ed. Dec 1947

Trusts--Constructive Trusts--Effect Of Inter-Vivos Transfer Of Land On Oral Trust To Reconvey To Transferor, Ira M. Price, Ii S.Ed.

Michigan Law Review

Plaintiff, who had courted defendant for six years and had proposed marriage, conveyed a lot and house to defendant after various discussions and immediately upon the written suggestion of defendant. Later their romance terminated when she went abroad and plaintiff turned his attention to another woman. In a suit to cancel deed to the premises, held, that because of the confidential relationship which had existed between the parties and in order to prevent defendant from "completing her fraud," defendant held title as constructive trustee for plaintiff. Kausky v. Koten, (Wash. 1947) 179 P. (2d) 950.


Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed. Dec 1947

Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.

Michigan Law Review

Testatrix was given a general testamentary power of appointment over the corpus of a trust by her deceased husband's will. His will further directed that "a general residuary clause in her will shall not be deemed to be an exercise of said power of appointment." Plaintiff was named as a taker in default of appointment. The testatrix died eight years later leaving a will which expressly provided that it was exercising the power of appointment. One paragraph of her will gave several specific bequests from the said trust estate; the paragraph following provided: "All the rest, residue and remainder of …


How Far Will Multi-State Death Taxation Go--Curry V. Mccanless Revisited, Thomas A. Thomas Dec 1947

How Far Will Multi-State Death Taxation Go--Curry V. Mccanless Revisited, Thomas A. Thomas

Vanderbilt Law Review

It is the purpose of this comment to show how the death tax laws today affect the estate of a person who dies in one state leaving tangible or intangible personalty in another state, and also to recall the laws as they existed in the not too remote past and to surmise what they will be tomorrow in the light of recent trends.


Future Interests-Powers Of Appointment-Formalities Required For Release, George A. Rinker S.Ed. Nov 1947

Future Interests-Powers Of Appointment-Formalities Required For Release, George A. Rinker S.Ed.

Michigan Law Review

Deceased had a general testamentary power of appointment over the corpus of a trust, which provided for a gift over to his heirs in default of appointment. Prior to his death, he executed a written document, under seal and for consideration, whereby he released the power, and further covenanted with the trustee who held the property, and with the individual takers in default, that he would not thereafter attempt to exercise the power. He delivered the document to the trustee, for itself, and as trustee for each individual taker in default. Held, the transaction effected a valid release of …


Trusts--Constructive Trust--Tracing Funds Into The Hands Of An Innocent Payee-Antecedent Debt As Value, James R. Bliss S.Ed. Nov 1947

Trusts--Constructive Trust--Tracing Funds Into The Hands Of An Innocent Payee-Antecedent Debt As Value, James R. Bliss S.Ed.

Michigan Law Review

Plaintiffs advanced $3,200 to X intending to make a loan to Y secured by Y's note and mortgage. X delivered to plaintiffs a note and mortgage to which he had forged Y's name, and deposited $3175 of the money in his personal bank account, which theretofore had shown a balance of $7.09. Two days later, and before any other deposits were made, X withdrew $1000 from his account by check, with which he purchased a draft payable to defendant. This he delivered to defendant in satisfaction of a debt he owed defendant. Eighteen months later X died, plaintiffs …


Wills-Incorporation By Reference-Comparison With Secret Trusts And Acts Of Independent Significance, T. L. Tolan, Jr. S.Ed. Nov 1947

Wills-Incorporation By Reference-Comparison With Secret Trusts And Acts Of Independent Significance, T. L. Tolan, Jr. S.Ed.

Michigan Law Review

Legal doctrines have been developed to define the extent to which events outside the will itself may control the testamentary dispositions. Incorporation by reference, acts of independent significance, and secret trusts are related in their concern with testators' attempts to determine major parts of testamentary schemes by acts not written on the attested paper first presented for probate. The present discussion investigates the degree to which the courts adhere to the definitions of these doctrines and the traditional distinctions between them.


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 …


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.


Estates, Fiduciaries And Guardianship Jul 1947

Estates, Fiduciaries And Guardianship

Indiana Law Journal

Indiana Legislation, 1947


Wills--Construction-Testamentary Intent, J. R. Swenson Jun 1947

Wills--Construction-Testamentary Intent, J. R. Swenson

Michigan Law Review

In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton …


Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H. Jun 1947

Equity--Removal Of Cloud On Title--Right To Bring Suit When Defendant Has Possession, K. K. H.

West Virginia Law Review

No abstract provided.


Gifts--Banking--Gift Of Joint Savings Bank Deposits, Ira M. Price, Ii Jun 1947

Gifts--Banking--Gift Of Joint Savings Bank Deposits, Ira M. Price, Ii

Michigan Law Review

A, the mother of B, transferred three savings bank deposits from her sole account to the account of "A or B-either or survivor." Two of the depositors' signature cards contained this language: ''We hereby certify that this account and all moneys to be credited to it belong to us as joint tenants, and will be the absolute property of the survivor of us." There was evidence that one of the reasons for A's transferring her deposits to the joint account was to enable B to draw money therefrom for A while A was in the …


Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore Jun 1947

Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore

Michigan Law Review

Grantor conveyed certain real property to plaintiff by deed "subject to the following conditions: That upon my death, the Grantee must pay to my Grand Children out of my estate, the sums of money indicated after each name," the amount to be paid totaling $5,000. By this deed grantor transferred practically all of the property of which she was possessed, so that upon her death she left an estate of but $100. Without having paid any part of the amount stipulated in the deed, grantee commenced suit to quiet title as against the named grandchildren, who in .turn counterclaimed. In …


Descent And Distribution-Necessity Of Administration Of Decedents' Estates-Effect Of Statutes Which Change The Devolution Of Personal Property, Neal Seegert S.Ed. May 1947

Descent And Distribution-Necessity Of Administration Of Decedents' Estates-Effect Of Statutes Which Change The Devolution Of Personal Property, Neal Seegert S.Ed.

Michigan Law Review

It is almost an axiom of the common law that upon the death of a person the title to his personal property vests in his personal representative. On the other hand it is equally axiomatic that title to real property descends directly to the heirs or devisees, subject to the control of the personal representative and the probate court for purposes of satisfying the debts of the decedent in the absence of sufficient personalty. A number of jurisdictions, however, have by statute altered the common-law doctrine and have provided that title to both personalty and realty passes directly to the …


Deeds-Testamentary Character, James R. Bliss S.Ed. May 1947

Deeds-Testamentary Character, James R. Bliss S.Ed.

Michigan Law Review

In 1929 J. J. Coulter and wife signed, acknowledged, and delivered to be recorded an instrument granting in customary form certain described land to their daughter, Eliza Coulter. The instrument then recited, "It is understood between the parties hereto that the grantors are to have the possession, control and occupancy of said lands during their natural life, and at their death the title to said lands shall vest in the said Eliza Coulter, but not until the death of both grantors herein, does the title pass." The present action, presumably instituted after the death of the makers, sought construction of …


Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed. May 1947

Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed.

Michigan Law Review

In a tort action to recover damages for the destruction of a will, plaintiff alleged that plaintiff's grandmother had executed a holographic will · prior to her death in October, 1939 by which she devised a farm to her two children for their lives, and at their death to plaintiff in fee; that the defendants, one of the two children and his wife, destroyed the will shortly before plaintiff's grandmother's death and while she was non compos mentis. The petition alleged that if the will had not been destroyed it would have been duly probated, but there was no …


Reformation Of Instruments-Mistake-Deed Of Married Woman, Eugene H. Lattin May 1947

Reformation Of Instruments-Mistake-Deed Of Married Woman, Eugene H. Lattin

Michigan Law Review

In 1887 one Evans deeded to Mattie Woodbridge a lot described in the deed as lot 31, believing that the lot described was lot 29. Mattie took possession of lot 29, and held it until October 7, 1913, when she deeded it by the same description as in the original deed to one Casto, an intermediary, who then deeded it to William, Mattie's husband. Husband and wife continued in possession of lot 29 until her death in 1919. Lot 31, the lot described in the deed of 1887, continued in the possession of Evans and his successors until 1905, when …


Trusts.....Charitable Accumulations-Provision For Indefinite Accumulation, John A. Huston S.Ed. May 1947

Trusts.....Charitable Accumulations-Provision For Indefinite Accumulation, John A. Huston S.Ed.

Michigan Law Review

Testatrix left real and personal property in trust with directions that one half of the income should be paid to nine designated charities and that the other half should be "invested and reinvested . . . for the preservation of the . . . Memorial Fund in perpetuity." In a suit for instructions filed by the executor and the trustee, held, reversing the decision below, the trust is void as a private trust created to endure longer than the period limited by the rule against perpetuities. The dominant purpose of the testatrix, as revealed in the provision for accumulation, …


Charities-Statutory Restrictions On Testamentary Dispositions To Charity-Interpretation Of California Statute, Edwin F. Uhl Apr 1947

Charities-Statutory Restrictions On Testamentary Dispositions To Charity-Interpretation Of California Statute, Edwin F. Uhl

Michigan Law Review

Testatrix, domiciled in California, devised her residuary estate to the Eastern Star Lodge, expressly disinheriting her heirs. A further clause provided, "Any portion of my estate which shall be held to have been disposed of in violation of section 41 of the Probate Code shall be distributed to my friend, Eleanor Mott." Section 41 provides that charitable gifts made by a testator, survived by certain designated relatives, including nephews and nieces, "who, under the will, or the laws of succession, would otherwise have taken the property so bequeathed or devised," would be invalid unless executed at least thirty days prior …


Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker Mar 1947

Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker

Michigan Law Review

Testatrix, by her will, left the residue of her estate to her two sisters, their heirs and assigns forever. Appellee, an adopted daughter of one sister who predeceased testatrix, claimed one half of the residue by substitution under the Ohio anti-lapse statute. Held, an adopted child is "issue" within the meaning of the anti-lapse statute, which in terms provides that issue of a predeceased devisee will take. Appellee takes by substitution for her adoptive mother. Flynn v. Bredbeck, (Ohio 1946) 68 N.K (2d) 75.


Deeds--Co-Tenancy--Conveyance By Grantor To Himself And Wife, John F. O'Connor S.Ed. Mar 1947

Deeds--Co-Tenancy--Conveyance By Grantor To Himself And Wife, John F. O'Connor S.Ed.

Michigan Law Review

Decedent executed a deed conveying to himself and wife "as joint tenants and not as tenants in common with the right of survivorship." After decedent's death, the surviving spouse, plaintiff in this action for specific performance, entered into a contract to sell the land described in the conveyance to defendants who declined to accept a deed from the plaintiff. Defense, that the conveyance executed by decedent did not create a joint tenancy, therefore plaintiff did not have full title to convey. Held, the deed created a joint tenancy with the right of survivorship in the wife, the surviving wife …


Trusts-Creditors' Claims Against The Trust Property-Liability Of Trustees In Representative Capacity, T. E. Norpell Mar 1947

Trusts-Creditors' Claims Against The Trust Property-Liability Of Trustees In Representative Capacity, T. E. Norpell

Michigan Law Review

Suit upon two notes signed by appellees, "Trustees, trading as the Annie Reisch Investment Company, a Common Law Trust of Sangamon County, Illinois." The notes, due in four months after date of execution, were purchased by the plaintiff, appellant, from the payee bank's receiver nine years after their maturity. This action was begun by complaint and cognovit and judgment was entered against the makers individually and as trustees. The individual defendants filed motions to open judgment against them individually; and upon motion for a summary judgment filed by defendants, held, by section 20 of the Negotiable Instruments Law, defendant …


Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed. Mar 1947

Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed.

Michigan Law Review

When decedent died in 1940, his personal estate was consumed by the widow's exemption and expenses of administration, leaving only a one-sixth interest in certain real estate formerly owned by his deceased father. Proceedings to partition this property resulted in a sum of $2,306.17 payable to decedent's widow, subject to the payment of his debts. The executors of one Davidson who had obtained a $24,588.00 judgment against decedent in 1933 claimed the entire fund as did the United States under tax liens entered in 1940 and 1941 of $2,202.89 and $8,904.67. The government based its claim on section 3466 of …


Trusts--Sale And Reinvestment Of Trust Property In Violation Of The Directions Of The Testator--Statutory Interpretation--Kelly V. Marr, Fred B. Redwine Jan 1947

Trusts--Sale And Reinvestment Of Trust Property In Violation Of The Directions Of The Testator--Statutory Interpretation--Kelly V. Marr, Fred B. Redwine

Kentucky Law Journal

No abstract provided.


Concerted Wills--Again, Alvin E. Evans Jan 1947

Concerted Wills--Again, Alvin E. Evans

Kentucky Law Journal

No abstract provided.


Wills--A Problem In Statutory Interpretation, Bertel M. Sparks Jan 1947

Wills--A Problem In Statutory Interpretation, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.


Trusts-Illusory Transfer-Rights Of Surviving Widow, John E. Grosboll S.Ed. Jan 1947

Trusts-Illusory Transfer-Rights Of Surviving Widow, John E. Grosboll S.Ed.

Michigan Law Review

On May 12, 1939, the testator created an inter vivos trust, the corpus consisting of roo shares of stock in a closed corporation, of which the testator was president and a director. He reserved the life income and the right to revoke or modify the trust agreement. The agreement gave no express authority to the trustee to sell or invest the trust property. It did, however, authorize the trustee to vote the stock, but further authorized him to enter into a trust agreement with the remaining four stockholders, which was done on May 15, 1939. This had the effect of …


Soviet Law Of Inheritance: I, Vladimir Gsovski Jan 1947

Soviet Law Of Inheritance: I, Vladimir Gsovski

Michigan Law Review

The Soviet law of inheritance has suffered several drastic changes. Not only were the statutory provisions changed, but the attitude of soviet jurists to the very institution of devolution of property on death has presented a constantly changing picture.


Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed. Jan 1947

Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed.

Michigan Law Review

Prior to her marriage, settlor created a trust, reserving to herself a life estate, with general testamentary power of appointment over the corpus. The trust deed provided further that in default of appointment, "or as to any part of said estate as to which the appointment may for any reason fail to take effect," the property was to remain in trust to pay one-half the income to her fiancé for life, if he should survive her, the other half to her children who survived or the issue of deceased children, and to pay over the principal when the youngest taker …


Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed. Jan 1947

Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed.

Michigan Law Review

In 1930 plaintiff received certain shares of stock from his uncle by way of outright gift. Seven months later, in order to decrease inheritance taxes at the time of the death of the donee, a declaration of trust was prepared and executed by the original donor as settlor, and indorsed by the donee "as Trustee, to evidence his acceptance of the Trusts herein expressed," at which time the donee surrendered the certificate of shares originally given him and was issued a new certificate as trustee. Plaintiff now sues for an annulment of the instrument. Held, the document was void …