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Full-Text Articles in Estates and Trusts

Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance Jan 2019

Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta Apr 2018

Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta

Public Land & Resources Law Review

In Navajo Nation v. Department of the Interior, the Navajo Nation challenged the Department of the Interior’s 2001 and 2008 water allocation guidelines and asserted that under NEPA and the APA the guidelines violated the Navajo Nation’s water rights. The Navajo Nation also asserted a breach of trust claim against the United States. After nearly a decade of attempted settlement negotiations, the Navajo Nation reasserted its complaints. The District Court for the District of Arizona denied the Navajo Nation’s motions, and the Navajo Nation appealed to the Ninth Circuit Court of Appeals, which determined the Navajo Nation lacked standing, …


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley Jun 2016

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock Jan 2016

Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris Nov 2014

Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris

Touro Law Review

No abstract provided.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Letter To Derrida/America, Anton Schütz Nov 2005

Letter To Derrida/America, Anton Schütz

Cardozo Law Review

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan Jul 1996

¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan

Cardozo Journal of International and Comparative Law

The note argues that Cuban detainees at Guantanamo Bay possess cognizable statutory and constitutional rights under U.S. law, particularly under the First and Fifth Amendments, and that legal organizations have a First Amendment right to access and consult with these detainees. It challenges the government's position that these rights do not apply extraterritorially, asserting that Guantanamo's unique legal status under U.S. jurisdiction necessitates the protection of these rights.


Transnational Probate And Estates: Procedural Strategy In Light Of Latin American Law And Practices, Burton A. Landy, Barry D. Hunter, Frederick Woodbridge Jr. Jan 1988

Transnational Probate And Estates: Procedural Strategy In Light Of Latin American Law And Practices, Burton A. Landy, Barry D. Hunter, Frederick Woodbridge Jr.

University of Miami Inter-American Law Review

No abstract provided.


Right Of Election Against A Foreign Testator's Will Sep 1986

Right Of Election Against A Foreign Testator's Will

Washington and Lee Law Review

No abstract provided.


Elliott E. Cheatham, Erwin N. Griswold Dec 1968

Elliott E. Cheatham, Erwin N. Griswold

Vanderbilt Law Review

After a full career on the faculty of the Columbia Law School,Professor Cheatham has had a new career as a member of the faculty of the Vanderbilt University Law School. During this period, his writing has never ceased, and it is always lively and original.Elliott Cheatham has been one of the great legal scholars of our time. He has also been one of the great persons in law teaching. He has been a great inspiration not only to his students, but also to the law teachers who have tried to follow in his footsteps.


The Uniform Probate Code And The International Will, William F. Fratcher Jan 1968

The Uniform Probate Code And The International Will, William F. Fratcher

Michigan Law Review

Emily Graham left her assets in England when she married a French naval officer and went to France to live with him. After her husband died, Emily announced that she was returning to England for the rest of her life and bundled her children and baggage aboard a channel ferry. Before the ferry cleared French waters she became ill and was taken ashore at another French port. While waiting impatiently to recover sufficiently for a final return to England, Emily executed a will of her English assets in the form prescribed by English law, that is, in writing, signed by …


International Law—Treaty Stating That Jurisdiction Over The Disposition Of Movables Is To Be Determined By Their Situs Considered To Mean That Movables Must Be Disposed Of By The Law Of Decedent’S Domicile, Bruce D. Drucker Jan 1967

International Law—Treaty Stating That Jurisdiction Over The Disposition Of Movables Is To Be Determined By Their Situs Considered To Mean That Movables Must Be Disposed Of By The Law Of Decedent’S Domicile, Bruce D. Drucker

Buffalo Law Review

Matter of Rougeron, 17 N.Y.2d 264, 217 N.E.2d 639, 270 N.Y.S.2d 578, cert. denied, 385 U.S. 899 (1966).


The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy Jan 1967

The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy

Villanova Law Review (1956 - )

No abstract provided.


Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review Jan 1967

Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review

Michigan Law Review

The Duke and Duchess of Arion, nationals and domiciliaries of Spain, neither of whom had ever been to New York, deposited community property consisting of cash and securities in several New York banks. In establishing these accounts, the Duke and Duchess either expressly agreed in writing that the New York law of survivorship would apply to their accounts or signed standard bank survivorship forms which incorporated the survivorship laws of that state. After her husband's death, the Duchess made the entire amount on deposit in New York subject to her will. Following the Duchess' death and during probate of her …


Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly Jan 1966

Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly

Villanova Law Review (1956 - )

No abstract provided.


Abstracts Of Recent Cases, Ellen Fairfax Warder Dec 1965

Abstracts Of Recent Cases, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.


An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub Apr 1965

An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub

Michigan Law Review

No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …


Conflict Of Laws--Law Governing Testamentary Trusts Involving Movables, George Charles Hughes Iii Apr 1964

Conflict Of Laws--Law Governing Testamentary Trusts Involving Movables, George Charles Hughes Iii

West Virginia Law Review

No abstract provided.


Conflict Of Laws - Estoppel - Extra-Territorial Effect Of Probate Decree, Thomas A. Hoya S.Ed. May 1958

Conflict Of Laws - Estoppel - Extra-Territorial Effect Of Probate Decree, Thomas A. Hoya S.Ed.

Michigan Law Review

Testator, domiciled in California, by his will created a charitable trust of his residuary estate which included lands located in North Dakota. Under California law, the charitable bequest was valid to the extent of only one-third of the residuary estate. Upon distribution of the trust estate by the California court, the charity appeared and received its one-third of the entire residuary property. The trustee then filed with the North Dakota court, asking that the North Dakota land be distributed in accord with the California decree. Since there was no limitation on the validity of the charitable bequest in North Dakota, …


The Conflict Of Laws: A Comparative Study. Volume Four Property: Bills And Notes: Inheritance: Trusts: Application Of Foreign Law: Lntertemporal Relations, Ernst Rabel Jan 1958

The Conflict Of Laws: A Comparative Study. Volume Four Property: Bills And Notes: Inheritance: Trusts: Application Of Foreign Law: Lntertemporal Relations, Ernst Rabel

Michigan Legal Studies Series

With this fourth and final volume, the monumental survey of existing systems of conflicts law, initiated by the late Ernst Rabel in 1939 under the auspices of the American Law Institute but conducted after 1942 through the generous sponsorship of the University of Michigan Law School, is completed. It is most fortunate that, despite the fact that the present volume was prepared in various institutions during the years immediately preceding the author's death on September 7, 1955, he not only finished but also revised the proofs of the text; the various tables were later compiled at Ann Arbor.


Conflicts Of Law - Extended Application Of Res Judicata In Administration Of Decedents' Estates, Norman A. Zilber S.Ed. Dec 1956

Conflicts Of Law - Extended Application Of Res Judicata In Administration Of Decedents' Estates, Norman A. Zilber S.Ed.

Michigan Law Review

The purpose of this comment is to examine the existing law and its rationale, and to see in which situations res judicata could beneficially be applied.


Conflict Of Laws--Effect Of Forum's Statute Of Frauds On Foreign Oral Contract To Bequeath Property, David D. Dowd, Jr. S.Ed. Apr 1956

Conflict Of Laws--Effect Of Forum's Statute Of Frauds On Foreign Oral Contract To Bequeath Property, David D. Dowd, Jr. S.Ed.

Michigan Law Review

Plaintiff brought an action in New York for specific performance of an oral agreement allegedly made by testator in Florida not to change his will without plaintiff's consent. Defendant's motions for dismissal of the complaint and summary judgment were dismissed. The appellate division on reargument entered orders reversing the lower court. On plaintiff's appeal to the court of appeals, held, affirmed. The New York Personal Property Law, which states that oral contracts to bequeath property are void, is controlling, regardless of whether this section of the statute of frauds is procedural or substantive. If the section is procedural, the …


Taxation-Federal Estate Tax-Relevance Of Marital Deduction To Computation Of Widow's Distributive Share Of Husband's Estate Where She Elects To Take Against Will, Alice Austin May 1954

Taxation-Federal Estate Tax-Relevance Of Marital Deduction To Computation Of Widow's Distributive Share Of Husband's Estate Where She Elects To Take Against Will, Alice Austin

Michigan Law Review

A widow electing to take against her husband's will claimed to be entitled to have her one-third share of decedent's net personal estate computed without deduction of federal estate taxes, on the theory that Congress in allowing the marital deduction intended that a widow's share qualifying for such deduction should be free of the impact of the federal estate tax. The state had no statute providing for apportionment of federal estate taxes. Held: Congress did not intend, by allowing the marital deduction, to change the rule that state law is determinative of the impact of the federal estate tax. …


Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter Nov 1952

Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter

Michigan Law Review

Federal law now provides in sections 826 (c) and (d) of the Internal Revenue Code that life insurance and property transferred by appointment shall bear their proportionate tax burden. It does not contain similar provisions with respect to other types of non-probate property. At the present time, twenty states provide by statute for some sort of apportionment of estate taxes. Two states have statutes restricting apportionment in some degree. In the rest, the matter rests in the discretion of the courts. I propose to discuss in this article the situation in those areas where no statutory guidance exists.