Open Access. Powered by Scholars. Published by Universities.®

Estates and Trusts Commons™

Open Access. Powered by Scholars. Published by Universities.®

Contracts

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 241 - 270 of 381

Full-Text Articles in Estates and Trusts

Wills, Trusts, And Estates, J. Rodney Johnson Nov 2005

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.


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.


A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt Jan 2005

A Pluralist Approach To Interpretation: Wills And Contracts, Kent Greenawalt

Faculty Scholarship

This account of legal interpretation focuses mainly on wills and contracts. It adopts a pluralist approach, one that treats a number of factors as potentially relevant and does not assume that all relevant factors necessarily reduce to one overarching inquiry that is the same whatever legal text is being interpreted.


Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman Nov 2000

Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman

Cardozo Law Review

No abstract provided.


Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie Jan 1999

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

Articles

Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …


Compensating Caregiving Relatives: Abandoning The Family Member Rule In Contracts, Jonathan S. Henes Jan 1996

Compensating Caregiving Relatives: Abandoning The Family Member Rule In Contracts, Jonathan S. Henes

Cardozo Law Review

The law presumes that a person who performs a valuable service for another will be compensated. However, a limited exception to this principle exists when the services are performed between family members. This exception, also known as the family member rule, is a nineteenth century creation that arose from the courts' understanding of the dynamics of the nineteenth century household. However, the household of the nineteenth century has all but disappeared from contemporary society. With the disappearance of this household, the issue that arises is whether the family member rule is still necessary. This Note argues that it is not …


Whose Beneficiaries Are They Anyway? Copenhaver V. Rogers And The Attorney's Contract To Prepare A Will In Virginia, Brian Adams Jan 1990

Whose Beneficiaries Are They Anyway? Copenhaver V. Rogers And The Attorney's Contract To Prepare A Will In Virginia, Brian Adams

University of Richmond Law Review

In a case of first impression in the Commonwealth, the Supreme Court of Virginia recently considered whether an attorney may be liable for drafting a will which results in the failure of a testamentary gift to intended beneficiaries. Historically, will beneficiaries had been denied a means of recovery against attorneys due to a lack of privity between the parties. Although Virginia remains a "strict privity' jurisdiction, it recognizes third-party contract beneficiary claims' and has legislatively abrogated the privity requirement in other areas of the law. The plaintiffs in Copenhaver v. Rogers sought to establish a third-party beneficiary claim as the …


The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor Jan 1989

The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor

Indiana Law Journal

No abstract provided.


Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


Iwerson V. Dushek, Keith N. Johnson Apr 1978

Iwerson V. Dushek, Keith N. Johnson

University of Arkansas at Little Rock Law Review

No abstract provided.


Parol Evidence To Prove Resulting Trusts., Mance M. Park Mar 1975

Parol Evidence To Prove Resulting Trusts., Mance M. Park

St. Mary's Law Journal

Abstract Forthcoming.


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


Rent Abatement Legislation: An Answer To Landlords, Richard G. Greiner Jan 1967

Rent Abatement Legislation: An Answer To Landlords, Richard G. Greiner

Villanova Law Review (1956 - )

No abstract provided.


Sufficiency Of Proof To Establish Implied Contract, Anon Jun 1966

Sufficiency Of Proof To Establish Implied Contract, Anon

Washington Law Review

Plaintiffs, husband and wife, brought suit against decedent's estate for specific performance of an oral contract to convey or devise real property in return for personal services. An alternative claim asked for the reasonable value of services rendered and expenses paid by plaintiffs in decedent's behalf, and at his request, during the three years preceding his death. Plaintiff wife served as decedent's nurse, housekeeper and occasional provider during this period. Plaintiff husband performed various odd jobs at decedent's request. Throughout this period, plaintiffs received no compensation beyond infrequent use of decedent's lake cabin. Two witnesses testified that decedent told them …


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.


Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig Jun 1961

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.


Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda Jun 1960

Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda

Journal of Legal Education

No abstract provided.


Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller Jun 1959

Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller

Michigan Law Review

Decedent and his first wife executed reciprocal wills pursuant to a contract appearing on the face of the instruments. Each gave the other a life estate, with remainders to substantially identical beneficiaries. After his first wife's death, decedent remarried and in an antenuptial contract agreed to bequeath a sum of money to his second wife in lieu of all her claims against his estate. The second wife had actual notice of the prior agreement at the time of their marriage. Decedent then executed a new will which expressly revoked all prior wills, confirmed the terms of the antenuptial contract, and …


Contracts To Make Wills, By Bertel M. Sparks, William W. Oliver Jan 1958

Contracts To Make Wills, By Bertel M. Sparks, William W. Oliver

Indiana Law Journal

No abstract provided.


Wills - Lapse Of A Residuary Gift, Phillip Jacobus Jun 1957

Wills - Lapse Of A Residuary Gift, Phillip Jacobus

Michigan Law Review

Testatrix left a will containing the following bequest: ". . . I give, devise and bequeath to my brothers and sisters, A, B, C, D and the children of E (naming them), and F and G, all the ... residue ... of my Estate ... both real and personal of whatsoever kind . . . and wherever situated should be sold and distributed in equal share, share and share alike .... " G died before the testatrix, and her share lapsed. The trial court held that G's share passed as intestate property of the testatrix. On appeal, held, …


Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr. Mar 1957

Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.

Journal of Legal Education

No abstract provided.


Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed. Feb 1957

Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.

Michigan Law Review

Plaintiff mining company sued to impose a constructive trust on mineral interests purchased by the defendant employee in breach of his oral agreement with the company. The agreement included a promise to hold any property so acquired in trust for the employer at his election. Ruling that this agreement was unenforceable under the Oklahoma statute of frauds, the trial court relied on the defendant's status as an ordinary employee without duties relating to the acquisition of mineral interests or access to confidential information, and gave judgment for the defendant. On appeal, held, affirmed. Without proof of positive fraud or …


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 …


Book Reviews, Willburt D. Ham, Samuel I. Shuman, Boaz Siegel, James H. Currie, Elvin R. Latty, James C. N. Paul, William F. Fratcher, W. Edward Sell, Robert N. Cook, W. J. Brockelbank Sep 1955

Book Reviews, Willburt D. Ham, Samuel I. Shuman, Boaz Siegel, James H. Currie, Elvin R. Latty, James C. N. Paul, William F. Fratcher, W. Edward Sell, Robert N. Cook, W. J. Brockelbank

Journal of Legal Education

No abstract provided.


Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle May 1955

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle

Michigan Law Review

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …


Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii Jan 1955

Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii

Kentucky Law Journal

No abstract provided.


Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks Dec 1954

Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks

Michigan Law Review

After there has been a contract to make a will it is often said that the promisor is a trustee of the property for the use of the promisee. This statement is usually offered as a reason for or an explanation of the relief granted in a particular case, without any indication as to how such a premise was arrived at and without any consideration of other possible results that might How from the designation of the relationship as a trust.


Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks Nov 1954

Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks

Michigan Law Review

Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …


Book Reviews, Grant Gilmore, Robert J. Nordstrom, Richard J. Faletti, Robert Barbeau Mautz, Charles Elmer Fiddler, Calvin W. Corman, George B. Fraser, Adam Yarmolinsky, James A. Durham, Reginald Parker, Jo Desha Lucas, Thomas W. Christopher, Frederick J. Ludwig, John S. Bradway, Harold Gill Reuschlein, Henri Renard S.J., C. Dallas Sands, William P. Murphy Sep 1954

Book Reviews, Grant Gilmore, Robert J. Nordstrom, Richard J. Faletti, Robert Barbeau Mautz, Charles Elmer Fiddler, Calvin W. Corman, George B. Fraser, Adam Yarmolinsky, James A. Durham, Reginald Parker, Jo Desha Lucas, Thomas W. Christopher, Frederick J. Ludwig, John S. Bradway, Harold Gill Reuschlein, Henri Renard S.J., C. Dallas Sands, William P. Murphy

Journal of Legal Education

No abstract provided.