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Articles 301 - 330 of 403
Full-Text Articles in Estates and Trusts
Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison
Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison
UIC Law Review
No abstract provided.
The Doctrine Of Worthier Title In Illinois: Burying The Dead, 23 J. Marshall L. Rev. 81 (1989), Taylor Mattis, David Schellenberg
The Doctrine Of Worthier Title In Illinois: Burying The Dead, 23 J. Marshall L. Rev. 81 (1989), Taylor Mattis, David Schellenberg
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel
Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel
Law Faculty Scholarship
No abstract provided.
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Kentucky Law Journal
No abstract provided.
Perpetuity Reform, Lawrence W. Waggoner
Perpetuity Reform, Lawrence W. Waggoner
Articles
After years of debate, perpetuity reform is still controversial. To be sure, there is agreement among virtually all of the commentators and experts in the field that the Rule Against Perpetuities is in need of reform. The disagreement, on the surface, centers on the methods of reform to be employed. At least three basic methods have been advanced: (1) specific statutory repair of discrete problem areas; (2) reformation; and (3) wait-and-see. Each method has its sponsors, and each has in one form or another been adopted as part of the law of a few states. These methods are not mutually …
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
UIC Law Review
No abstract provided.
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
Articles
In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.
Inheritance Rights Of Illegitimate Children In Kentucky: A Need For Reform, J. Clarke Keller
Inheritance Rights Of Illegitimate Children In Kentucky: A Need For Reform, J. Clarke Keller
Kentucky Law Journal
No abstract provided.
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …
Kentucky Law Survey: Wills, Probate And Real Property Law, Frances E. Catron
Kentucky Law Survey: Wills, Probate And Real Property Law, Frances E. Catron
Kentucky Law Journal
No abstract provided.
Recent Developments In The Struggle For Probate Reform, Richard V. Wellman
Recent Developments In The Struggle For Probate Reform, Richard V. Wellman
Michigan Law Review
The two Als being honored by this issue have honored me with years of precious friendship and many words a!!-d acts of support and encouragement. In return, they and their friends and others who may peruse these pages prepared as they near retirement really deserve better reading than can be expected of an article that wallows in the dreadful details of legislation dealing with probate procedure. Conard and Smith are old hands when it comes to efforts at improvement of law and legal institutions. They know better than to immerse themselves deeply in a piece like the one that follows, …
The Case Against Living Probate, Mary Louise Fellows
The Case Against Living Probate, Mary Louise Fellows
Michigan Law Review
This Article presents the case against living probate in hopes of preventing a reform that was appropriately discarded a century ago. Part I describes the various living probate proposals, highlighting their similarities, differences, and procedural complexities, and the benefits they seek to realize. Part II lays out four failings of living probate that call the desirability of this reform into question. Finally, in Part III, I propose an alternative reform which concentrates on the underlying problem inspiring living probate proposals - the expense and uncertainty of a mental capacity requirement for executing a valid will.
Living Probate: The Conservatorship Model, John H. Langbein
Living Probate: The Conservatorship Model, John H. Langbein
Michigan Law Review
The main purpose of the present Article is to suggest a somewhat different theoretical and practical approach to structuring the living probate procedure. I shall characterize the procedure called for in the North Dakota act and in similar proposals as the Contest Model of living probate, in distinction to a Conservatorship Model that I shall advocate to be the better way. Part I of this Article reviews briefly the problem to which living probate is addressed and the alternatives that can presently be employed to forestall post-mortem capacity litigation in the absence of a living probate system. In Part TI …
Stale Future Interests: Can Texas Pass A Constitutional Reverter Act., Robert H. Sheppard
Stale Future Interests: Can Texas Pass A Constitutional Reverter Act., Robert H. Sheppard
St. Mary's Law Journal
Abstract Forthcoming.
Homestead Legislation In California, Charles Adams
Homestead Legislation In California, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Illinois Probate Act: Dispositions Subject To Contrary Will Intent, 11 J. Marshall J. Prac. & Proc. 154 (1977), Louise M. Calvert
The Illinois Probate Act: Dispositions Subject To Contrary Will Intent, 11 J. Marshall J. Prac. & Proc. 154 (1977), Louise M. Calvert
UIC Law Review
No abstract provided.
Flexibility, The Uniform Probate Code's Procedural Article, And Some Comparisons With Kentucky Statutes, James W. Gordon
Flexibility, The Uniform Probate Code's Procedural Article, And Some Comparisons With Kentucky Statutes, James W. Gordon
Kentucky Law Journal
No abstract provided.
Preparing For The Future Of Probate In America, Robert Whitman
Preparing For The Future Of Probate In America, Robert Whitman
Faculty Articles and Papers
No abstract provided.
The United States Government Breached Its Fiduciary Duty By Paying Oklahoma Estate Tax On The Property Of A Noncompetent Osage Indian Without Determining Whether Intervening Cases And Internal Revenue Rulings Had Removed The Requirement For Paying The Tax., Phyllis Wilson Gainer
St. Mary's Law Journal
Abstract Forthcoming.
The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont
The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont
University of Michigan Journal of Law Reform
After considering the present pattern of probate court structure in the United States, this article considers the need for probate court reform as reflected in the deficiencies of the present system. It further indicates that a realistic choice of court structure by legislatures will ultimately be made from among three options: (1) to enlarge the jurisdiction of the present probate court of the state more nearly to approximate the form currently obtaining in several states; (2) to appoint a new body of probate judges and thus create an entirely new court; and (3) to enlarge the jurisdiction of the present …
The Indiana Trust Code -- Application To Pre-Existing Trusts, T. Bryan Underwood
The Indiana Trust Code -- Application To Pre-Existing Trusts, T. Bryan Underwood
Articles by Maurer Faculty
No abstract provided.
Powers Of Appointment And The Kentucky Inheritance Tax--The Department Of Revenue's Administration Of Krs Section 140.040, William P. Sturm
Powers Of Appointment And The Kentucky Inheritance Tax--The Department Of Revenue's Administration Of Krs Section 140.040, William P. Sturm
Kentucky Law Journal
No abstract provided.
The Dilemma Of Adoptees In The Class Gift Structure--The Kentucky Approach: A Rule Without Reason, Gerald L. Greene, Michael J. Schmitt
The Dilemma Of Adoptees In The Class Gift Structure--The Kentucky Approach: A Rule Without Reason, Gerald L. Greene, Michael J. Schmitt
Kentucky Law Journal
No abstract provided.
Kentucky Death Taxes--Putting A Price On Inheritance, Andrew M. Winkler
Kentucky Death Taxes--Putting A Price On Inheritance, Andrew M. Winkler
Kentucky Law Journal
No abstract provided.
The New Arkansas Inheritance Laws: A Step Into The Present With An Eye To The Future, Robert R. Wright
The New Arkansas Inheritance Laws: A Step Into The Present With An Eye To The Future, Robert R. Wright
Law Faculty Scholarship
No abstract provided.
The Doctrine Of Worthier Title In Arkansas, Morris S. Arnold
The Doctrine Of Worthier Title In Arkansas, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Future Interests: Transmissibility Of Contingent Interests, Morris S. Arnold
Future Interests: Transmissibility Of Contingent Interests, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
The Joint And Survivor Account In Michigan-Progress Through Confusion, Richard V. Wellman
The Joint And Survivor Account In Michigan-Progress Through Confusion, Richard V. Wellman
Michigan Law Review
Legal writers have been intrigued for years by the challenge of classifying and identifying the resulting incidents of the joint and survivor bank deposit when an attempt is made to use it as a mode of effectuating a donor depositor's intention to confer benefits on a donee co-depositor. Much in their discussions is useful to one who is concerned with the concept that has evolved in Michigan, where a 1909 statute states that some co-depositors are presumed to be joint tenants. Michigan judges and practitioners must determine, however, whether comment about national trends is applicable here, for in many respects …
State Attorney General - Guardian Of Public Charities, Robert L. Gray
State Attorney General - Guardian Of Public Charities, Robert L. Gray
Cleveland State Law Review
In 1954, the National Conference of Commissioners of Uniform State Laws, having recognized the need for legislation in this area, published the Uniform Supervision of Trustees for Charitable Purposes Act, which was similar to the New Hampshire law. As has been stated, California soon passed the uniform act. Iowa (1959), Michigan (1961), Illinois (1961), and Oregon (1963) have since passed the uniform act. There are slight variations in the versions passed by the above states, but the general effect of their laws is the same. While the legislatures of these states have provided the law,they have not always provided the …