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Articles 31 - 34 of 34
Full-Text Articles in Estates and Trusts
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Cleveland State Law Review
Ohio's adoption statutes have always been under the close scrutiny of the courts, the legislatures and society. Their main purpose is to promote the welfare of adopted children, as well as to protect them. However, in their zeal to create a close relationship between the child and the adopting parent, the legislatures of several states, including Ohio, have attempted to sever the connection of blood relationship, in favor of the adopting parents. In the process they sometimes have cut off the right of inheritance between the child and the natural parent. A review of several recent cases indicates that this …
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Cleveland State Law Review
When the nation's 25th and 47th largest banks, The Union Trust Co. and the Guardian Trust Co. of Cleveland, cracked up in 1933, Ohio's Supreme Court cracked down on the violation of an old but little known rule of fiduciary law: the duty of undivided loyalty. Airing of the principles underlying the rule seems warranted. The rule necessarily is harsh, almost iron-clad. Defenses are few. A defendant inevitably cries on the court's shoulder the same old discredited excuses. Unless the court understands the reasons for the rule, such tears may sway it. Because violation is so costly, a client needs …
Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall
Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall
Cleveland State Law Review
What is the effect of an absolute devise of "proceeds" or "income" of the corpus of an estate where, under a general devise, words clearly importing the creation of a fee simple estate as to the corpus are lacking and there is no express or implied power of sale? More particularly we shall consider the above in the following circumstances:(1) When in the will there is contained an absolute gift of "proceeds" of the corpus; (2) A gift of "proceeds" of the corpus followed by limitation upon the corpus; and (3) Where under a bequest of "proceeds" along with creation …
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
The Rule Against Perpetuities And Its Application To A Private Trust, Reuben M. Payne
Cleveland State Law Review
The creator of a trust of any complexity or length of duration usually attempts to create future contingent interests under the trust, or interests to take effect after the termination of the trust. In making provisions for such contingent future interests, the settlor must be careful to respect the Rule Against Remoteness of vesting, if he would have his trust secure against attack. Thus, if S wishes to create a trust by his will in favor of his children and grandchildren, providing for grandchildren who may be born after S's death, it is obvious that he desires to provide for …