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Full-Text Articles in Law

Formalities And Formalism: A Critical Look At The Execution Of Wills, Charles I. Nelson, Jeanne M. Starck Feb 2013

Formalities And Formalism: A Critical Look At The Execution Of Wills, Charles I. Nelson, Jeanne M. Starck

Pepperdine Law Review

No abstract provided.


Oral Will Contracts And The Statute Of Frauds In California, 1896-1980: A Summary And Evaluation , Marc P. Bouret Feb 2013

Oral Will Contracts And The Statute Of Frauds In California, 1896-1980: A Summary And Evaluation , Marc P. Bouret

Pepperdine Law Review

There is no longer any certainty that one can successfully argue that purely oral mutual promises to bequeath property are unenforceable due to the Statute of Frauds. The author traces the trends in the oral will contract area during the past eighty years. He then analyzes various exceptions to the Statute of Frauds which have developed to allow oral will contracts to be enforced during the lifetime of the promisor, or more frequently after his or her death.


The Inheritance Process In San Bernardino County, California, 1964: A Research Note, Lawrence M. Friedman, Christopher J. Walker, Ben Hernandez-Stern Dec 2006

The Inheritance Process In San Bernardino County, California, 1964: A Research Note, Lawrence M. Friedman, Christopher J. Walker, Ben Hernandez-Stern

Christopher J. Walker

Probate records are ubiquitous. Virtually every American county has records of estates of the dead. These records contain rich source material for any study of American legal and social history. They have a lot to tell us about family life, about the economy, about love and death and every aspect of life in America. Yet very few scholars have tried to tap these records. There are very few empirical studies that use as their main source probate records, probably no more than a dozen or so, and even fewer in California. This research note is a modest attempt to add …


The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris Feb 1956

The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris

Michigan Law Review

It is the purpose of this article to examine the history and origin of the wills branch of the worthier title doctrine, to ascertain the extent of its application and the manner of its application, to determine the legal consequences flowing therefrom, and to consider the desirability of its continued existence.


Probate Of A Part Of A Will, Thomas E. Atkinson Jan 1954

Probate Of A Part Of A Will, Thomas E. Atkinson

Kentucky Law Journal

No abstract provided.


The Organization Of The Probate Court In America: I, Lewis M. Simes, Paul E. Basye Jun 1944

The Organization Of The Probate Court In America: I, Lewis M. Simes, Paul E. Basye

Michigan Law Review

This is a study of contemporary American legislation concerning probate courts, with particular reference to their jurisdiction over the probate of wills and the administration of estates of deceased persons.

By the term "probate courts" is meant all judicial tribunals which exercise such jurisdiction. As will subsequently appear, they are otherwise variously designated as surrogates' courts, orphans' courts, prerogative courts, courts of ordinary and county courts. In one state all the functions of probate and administration are exercised by courts of chancery. In other states, chancery has concurrent jurisdiction over many of these functions. Sometimes the register of probate exercises …


The Development Of The Massachusetts Probate System, Thomas E. Atkinson Dec 1943

The Development Of The Massachusetts Probate System, Thomas E. Atkinson

Michigan Law Review

American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …


A Treatise On The Law Of Executors, Administrators, And Guardians, William M. Reese Dec 1879

A Treatise On The Law Of Executors, Administrators, And Guardians, William M. Reese

Historical Treatises

From the preface:

On account of the many changes made in the Laws of Georgia relating to Executors, Administrators and Guardians, and on account of the codification of the same, I have, upon the request of many valued friends, prepared this work. It might be styled a third edition of the Manual for Ordinaries, Executors, Administrators and Guardians, in the State of Georgia; yet, as this work is of more than a local application, I have changed the title of it, following the example of Redfield, Smith, North, and others. In the citation of Sections of Code, I have followed …