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Articles 241 - 262 of 262
Full-Text Articles in Estates and Trusts
Trusts-Charitable Trusts-Effect Of Nationalization Act On Gifts To English Hospitals, George D. Miller, Jr. S. Ed.
Trusts-Charitable Trusts-Effect Of Nationalization Act On Gifts To English Hospitals, George D. Miller, Jr. S. Ed.
Michigan Law Review
Complainant held property under a trust created by a Rhode Island will, the validity of which had previously been determined by the Rhode Island court. Respondent hospitals were remainder beneficiaries of the trust, the gifts to them being subject to certain limitations on their use. Respondent churches were named in the trust deed as alternative legatees "in case any of my preceding gifts, specially my gifts to Public purposes, should fail .... " The remainder interests vested, and partial distribution of the corpus was made in 1939. In 1946 the National Health Service Act was passed in Great Britain which …
Testamentary Trusts—Accumulations—Choice Of Law, Robert J. Blaney
Testamentary Trusts—Accumulations—Choice Of Law, Robert J. Blaney
Buffalo Law Review
In re Clarkson's Will, __ Misc. __ , 107 N. Y. S. 2d 289 (Surr. Ct. 1951).
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Michigan Law Review
Suit was brought by plaintiff against the administrator of the estate of X to establish title to an automobile which plaintiff alleged had been purchased with funds furnished by her. Title was in the name of deceased, X, in whose name plaintiff claimed to have registered the car because she did not drive and X would do most of the driving. The sole heir of X was permitted to intervene as a party defendant and claimed that lawful ownership had been in X. Decree was for defendants and it was directed that the car be turned over to …
Conflict Of Laws-Model Execution Of Wills Statute-Law Governing Revocation Of Will, Edward W. Rothe S.Ed.
Conflict Of Laws-Model Execution Of Wills Statute-Law Governing Revocation Of Will, Edward W. Rothe S.Ed.
Michigan Law Review
Decedent's will, devising Iowa realty, was denied probate in Illinois, the state of domicile, on grounds that the will had been revoked by cancellation. The devisees offered the will for probate in Iowa, under whose law no revocation was effected. The heirs contested probate on grounds that the Illinois denial of probate was conclusive and binding on Iowa courts in view of §633.49, Iowa code, 1946: "A last will and testament executed without this state, in the mode prescribed by the law, either of the place where executed or the testator's domicile, shall be deemed to be legally executed, and …
Wills-Validity Of Devise To United States Government, Richard J. Brake
Wills-Validity Of Devise To United States Government, Richard J. Brake
Michigan Law Review
A California testator bequeathed "all I own and possess to the United States Government." His heirs sought to have the disposition set aside, claiming the federal government could not be a beneficiary under the California probate statute which permitted testamentary dispositions to be made to the state, counties, municipal corporations and certain others. From the order denying their petition for distribution, the heirs appealed. Held, reversed. The word "state" as used in the probate statute does not include the United States. In re Burnison's Estate, (Cal. App. 1948) 196 P. (2d) 822.
Wills-Validity Of Attestation On Separate Sheet Of Paper Not Physically Attached To Will, Myron J. Nadler
Wills-Validity Of Attestation On Separate Sheet Of Paper Not Physically Attached To Will, Myron J. Nadler
Michigan Law Review
Testatrix drew an instrument consisting of a single sheet of paper, intending it as her will. In the presence of a notary public, three witnesses observed the instrument with testatrix' signature thereon and her acknowledgment of it as her will, but did not sign it. The document was then placed in an envelope. A separate instrument of attestation which referred to the will was prepared by the notary and signed by the testatrix and the attesting witnesses. This instrument and the envelope containing the will were both placed in another folder which was then deposited with the proper officials. Probate …
Fiduciary Administration -- Deviation From Terms Of Trust--Invasion Of Principal For Benefit Of Life Tenant, W. Stirling Maxwell S.Ed.
Fiduciary Administration -- Deviation From Terms Of Trust--Invasion Of Principal For Benefit Of Life Tenant, W. Stirling Maxwell S.Ed.
Michigan Law Review
By a will executed in 1932 testator, who died in 1944, made outright bequests of $2,500 and his personal goods to his widow and $5,000 to each of his sons. He then devised the residue of his estate to trustees to pay the income to his widow for life and, upon her death, to distribute the corpus to his then living issue in equal shares by right of representation, and, in default of such issue, to those who would take if he had died intestate when his widow died. The will gave the trustees broad investment and management powers but …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Conflict Of Laws - Inter Vivos Trust-Administration In State Other Than State Where Created
Conflict Of Laws - Inter Vivos Trust-Administration In State Other Than State Where Created
Michigan Law Review
Under an antenuptial agreement executed in Quebec, P made D the beneficiary of a $125,000 trust fund. Later, in consideration for renouncing her interest in this trust fund, D was made the beneficiary of a $1,000,000 trust, under an instrument executed in Quebec at the settlor's domicil, but with a New York trustee, the trust to be administered in New York where a substantial portion of the res was located at the time of settlement. Under the local law of Quebec such modification of the antenuptial agreement was invalid; under the local law of New York it was valid. When …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Acquisition Of Foreign Domicil And The Doctrine Of Renvoi
Acquisition Of Foreign Domicil And The Doctrine Of Renvoi
Michigan Law Review
A recent English decision has virtually overruled the leading case of In re Johnson, and revived interest in problems raised by application of the much discussed doctrine of renvoi.
Inheritance Problems In The Conflict Of Laws, Herbert F. Goodrich
Inheritance Problems In The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
A man, domiciled in Michigan, dies. He leaves real and personal property in Michigan, and in addition a farm in Ohio, with the usual stock of animals, agricultural implements and other farm property upon it; he leaves a mercantile business in Wisconsin, and shares of stock in several corporations chartered in as many different states. What law or laws will determine the devolution of his estate?
The Russian Reinsurance Case, Edwin D. Dickinson
The Russian Reinsurance Case, Edwin D. Dickinson
Articles
Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …
Conflict Of Laws-Testamentary Trusts
Conflict Of Laws-Testamentary Trusts
Michigan Law Review
The rules of conflict of laws are, in many instances, in chaotic condition. Particularly is this true in parts of the law applying to trusts of personal property created by will. When the domicile of the testator, the place of execution of the will, the residence of the trustees, and the trust estate are all in the same jurisdiction, it is evident that the law of that state will control. But when the domiciles of the trustees and the testator differ, or when the trust estate is in a foreign land, we are presented with our specific problem of the …
Note And Comment, Dean L. Lucking, Paul P. Farrens, George E. Brand, Walle W. Merritt, Albert E. Merder
Note And Comment, Dean L. Lucking, Paul P. Farrens, George E. Brand, Walle W. Merritt, Albert E. Merder
Michigan Law Review
Concealing a Secret Trust by Making an Absolute Testamentary Gift to Testator's Solicitor; Conflict of State and Federal Regulations of Interstate Commerce Before the Latter Becomes Operative; Adverse Possession by an Alien and the Effect of Statute Removing an Alien's Disability to Inherit; The Rescission of a Pre-Corporate Contract on the Ground of Promoter's Fraud; When is an Agreement "Not to be Performed Within a Year"
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Authority to Appoint Sub-Agents; Agency--right to Compensation; Bankruptcy--Discharge; Bankruptcy--Discharge; Banks and Banking--Crediting Depositor--Check of Another Depositor; Conflict of Laws--Legitimation of a Bastard--Status Fixed by Domicile of his Parents; Conflict of Laws--Lex Loci Fori--Right of Action in England for Acts in Foreign Country--Territorial Waters; Constitutional Law--Summary Sale of Trespassing Animals; Contract--Public Policy--General Restraint of Trade; Contract--Validity--Release of Employer for Liability to next of Kin for Injury to Employee; Elections--Right of a Party Committee to Question Eligibility of a Candidate; Fraudulent Conveyances--Contingent Fees; Insurance--Condition for Immediate Notice--Excuse; Married Women--Power to Enter into Partnership with Husband--Set off of Debt Due by Partner in …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …