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Articles 301 - 330 of 381
Full-Text Articles in Estates and Trusts
Wills -Validity Of Contracts To Suppress
Wills -Validity Of Contracts To Suppress
Michigan Law Review
Certain children entered into a contract during the lifetime of their parents, by the terms of which it was agreed that if the will of either parent should favor some of the children above others, the favored children would waive their rights under the will and share equally in the real and personal estate of the parents. The will of the father left the whole estate to the mother. Her will omitted any gift to one of the children, and this suit was brought by an assignee of that child to obtain specific performance of the agreement. Held, that …
Constructive Trusts And Contracts To Convey In West Virginia, John Hampton Hoge
Constructive Trusts And Contracts To Convey In West Virginia, John Hampton Hoge
West Virginia Law Review
No abstract provided.
Wills-Presentation Of Claims
Michigan Law Review
An action on a contract was commenced against the testator during his life time. After his death notice was given to claimants to present their claims as provided by statute, P. L. 1920 p. 96. On the expiration of the time limit the court granted a rule barring further presentation of claims. The action begun against the testator was then revived against the executor in pursuance of statutory authority, 1 Comp. St. 1910, p. 4. Held, that the action commenced against the testator was properly revived against the executor in accordance with the abatement statute, supra. Pull v. Nagle …
Contracts-Right Of A Third Party Beneficiary
Contracts-Right Of A Third Party Beneficiary
Michigan Law Review
Husband and wife agreed with each other to make mutual wills which would leave one-third of the estate of the survivor in equal portions to seven relatives, four of whom were the mother and three sisters of the husband and the remaining three, a niece and two sisters of the wife. After the husband's death the wife made another will, revoking the former one and providing for a different distribution of her property. After her death the mother and three sisters of the deceased husband filed a bill for the specific performance of the contract to make mutual wills. Held …
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Michigan Law Review
There are in the reports a surprising number of cases in which it is alleged that the owner of property has bound himself by contract to devise or bequeath that property to another. These promises have been made upon almost every imaginable consideration, but in the typical case the consideration is personal services rendered to the promiser during his declining years. Since these promises are so common, one concludes that this kind of contract must appeal to many persons as advantageous. There is little doubt that it of ten does enable one to secure attention of a sort he could …
Doctrine Of Constructive Trusts Where The Grantee Refuses To Carry Out An Oral Trust Although He Solicited The Conveyance And Stood In A Confidential Relation To The Grantor, Paul L. Sayre
Indiana Law Journal
No abstract provided.
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.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid
Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid
Michigan Law Review
Can a Manufacturer be Compelled to Sell? - The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sois Company, and Baiter & Cie v. O'Donnell, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more ways than one of maintaining prices. One of these is to refuse to sell to persons …
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.
Conveyancing In The Province Of Quebec, Howard S. Ross
Conveyancing In The Province Of Quebec, Howard S. Ross
Michigan Law Review
A solicitor who has had experience as a conveyancer in any of the other Canadian provinces is at first disappointed when he finds on coming to Quebec to practice that in Quebec the bulk of the conveyancing is done by Notaries who, as is well known, belong to a distinct profession founded on the French Notarial system. An Advocate may not be a Notary or a Notary an Advocate, at one and the same time. In a few cases young men take the examinations and qualify as Advocates and Notaries and then elect. Occasionally after practicing a number of years …
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.
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Michigan Law Review
Where a trust is claimed because a grantee has violated some oral promise in reliance upon which the conveyance to him was made, it is customary to say that he took upon an oral trust. That, however, is often not a correct statement of the situation unless an oral promise to convey or to devise to a third person, or to reconvey or to devise to the grantor, is necessarily to be deemed an oral promise to hold in trust. Many of the so-called oral-trust deed cases are really cases of contracts analogous to bailment contracts, made for the benefit …
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.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction Depending on Principal Place of Business, Residence or Domicile - B, a domiciled resident of New York, employed by an express company in New York City in the capacity of a rate clerk, moved to New Jersey in igo8 for the purpose of acquiring a residence which would give the courts of that state jurisdiction of a contemplated divorce proceeding against his wife. He retained his position with the express company in New York, and in 1911 he secured a divorce in New York, the sole ground of jurisdiction of the New York court being that the …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …
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
Bankruptcy--Actos of Bankruptcy--Partnership Preferences; Bankruptcy--constitutional Protection Afforded by the Fourth and Fifth Amendments to the Constitution; Bankruptcy--Interest--When Payable After Date of Filing Petition and up to date of Payment; Banks and Banking--Payment of Check to Wrong Person--Estoppel; Bills and Notes--Construction of Instrument--Negotiable Notes; bills and Notes--Indorsers--Notice of Dishonor by Telephone--Sufficiency; constitutional Law--Due Process of Law--Criminal Insane; electricity--Interfering Currents; Equity--Injunction Against Unfair Competition; Fishery--In Gross or Appurtenant; Homestead--Abandonment--Removal From State; Insanity--Court Cannot Interfere if Defendant has Refused to Set it up as a Defense at the Trial; Insurance--Foreign Insurance Companies--Liability on Losses Occurring After Dissolution; Libel and Slander--Qualified Privilege--Priest and Congregation; …
Trusts And Duties Of Trustees: Instruction Paper, George L. Clark
Trusts And Duties Of Trustees: Instruction Paper, George L. Clark
Books
“Trusts and Duties of Trustees: Instruction Paper” is an overview of the history and current [1912] practice regarding express trusts. Chapters: Chapter I. Origin and Requisites of Expressed Trusts; Chapter II. Nature and Requisites of Express Trusts; Chapter III. Nature of Cestui Que Trust’s Interest; Chapter IV. Resulting and Constructive Trusts; Chapter V. Transfer of Trust Property; Chapter VI. Relinquishment of a Trust; Chapter VII. Duties of a Trustee. Included is an “Examination Paper” for self-testing -- the material is designed to facilitate distance learning under the auspices of the American School of Correspondence based in Chicago, Illinois, as of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Hostile Character--Possession Under Executory Contract for Sale; Bills and Notes--Bona Fide Purchase--Effect of Taking After Maturity; Bills and Notes--Bona Fide Purchase--Payment of Forged Check--Recovery of Payment; Bills and Notes--Invalidity of Note--Recovery Upon Original Consideration; Constitutional law--Due Process of Law--Situs of Ship for Purposes of Taxation; contracts--Sufficiency of Typewritten Signature; Copyright--Moving Pictures as Dramatization of Book; Corporations--Stockholder's Meetings--Effect of Withdrawal of Stockholders; Courts--The New Commerce Court--Jurisdiction--First Decision; Covenants Running with the Land--Building Restrictions; Damages--Excessiveness--Personal Injuries--Remittitur; Dead Bodies--Burial Determination of Place; Easements--Merger--Use by Owner of Servient Estate--Adverse Possession; Homicide--Burden of Proof When Insanity is a Defense; Intoxicating Liquors--Illegal Sale--"Dispensing"; Judgment--Collateral Attack--Defective …
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
Appearance--appeal from Action in Rem as General Appearance; Bankruptcy--Suit by Trustee--Right to Trial by Jury; Bills and Notes--Draft by Agent on Principal--Necessity of Acceptance; Carriers--Merchandise as Baggage--Notice; Constitutional Law--Impairing Obligation of Contract--Clause of Insurance Contract Limiting the Time in Which to Bring Action; Constitutional Law--Invalidating Existing Contracts for Free Transportation; Contracts--Mutual Promises--Independent or Conditional; Courts--Supreme Court--Jurisdiction--Mandamus to Compel Entry of Judgment by Lower Court; Eminent Domain--Damages; Evidence--Confession of an Alleged Accomplice; Evidence--Statutes--Enrolled bill as Evidence; Homestead--Does Joinder of Wife to Release Dower Bar Her Homestead Right?; Insurance--Increase of Hazard; Libel and slander--Absolute Privilege--Judicial Proceedings; Parent and Child--May Parent Authorize Agent …