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Articles 91 - 102 of 102
Full-Text Articles in Estates and Trusts
Precatory Trusts, Howard R. Stinson
Precatory Trusts, Howard R. Stinson
Washington Law Review
The law as to the construction of precatory words is not reducible to a formula which can be made to fit any particular case. In fact, it is hard more than to indicate an inclination or leaning of the courts in deciding such situations. With this preface in mind, we purpose to examine the early line of authorities, the modern trend at large, and the particular cases in Washington. Early English courts raised trusts on mere precatory words. The reason for this rule was perhaps because originally all trusts were at best only of precatory force, and so would most …
The Rule Of Perpetuities And Powers Of Sale, Frederick G. Hamley
The Rule Of Perpetuities And Powers Of Sale, Frederick G. Hamley
Washington Law Review
The rule against perpetuities is usually stated as prohibiting the creation of future interests or estates, which by possibility may not become vested within a life or lives in being and twenty-one years, together with the period of gestation, where the latter is necessary to cover cases of posthumous birth. It is not enough that the estate may possibly or even probably vest within the time limited by the rule, but the court must be able to see by looking at the document creating the estate that the estate will necessarily vest within the time. The Rule against Perpetuities applies …
Does Washington Law Require Testator To Sign His Will In Presence Of Attesting Witness?, Ivan W. Goodner
Does Washington Law Require Testator To Sign His Will In Presence Of Attesting Witness?, Ivan W. Goodner
Washington Law Review
It will be observed that while the statute does not, in terms, require testator to sign in the presence of the attesting witness, it does not mention acknowledgment as a mode of execution. What does "attestation" mean? Webster says that "the subscription of a name to a writing as a witness" is an attestation.
Costigan's Cases On Wills, 2d Ed., Ivan W. Goodner
Costigan's Cases On Wills, 2d Ed., Ivan W. Goodner
Washington Law Review
No abstract provided.
The Legal Efficacy Of Attempted Methods Of Avoiding Probate, Hugo E. Oswald
The Legal Efficacy Of Attempted Methods Of Avoiding Probate, Hugo E. Oswald
Washington Law Review
Various means have been employed from time to time to avoid the necessity of the probating of estates. Generally speaking, such means have utterly failed to accomplish their purpose. In considering the reasons for such failures it must be borne in mind that there are two classes whose rights are affected. first, the parties themselves, and, secondly, creditors and the state by reason of its right to inheritance tax.
The Admissibility Of Testimony Concerning Transactions With Decedents, Elwood Hutcheson
The Admissibility Of Testimony Concerning Transactions With Decedents, Elwood Hutcheson
Washington Law Review
This is written to supplement the article appearing In 1 Washington Law Review 21 on this subject, and covers all the Washington decisions thereon from Volume 133 to and including Volume 153.
Limit Of Bequest In Nuncupative Will In The State Of Washington, Ivan W. Goodner
Limit Of Bequest In Nuncupative Will In The State Of Washington, Ivan W. Goodner
Washington Law Review
No abstract provided.
Provisions In A Will Forfeiting The Share Of A Contesting Beneficiary, Frank Parks Weaver
Provisions In A Will Forfeiting The Share Of A Contesting Beneficiary, Frank Parks Weaver
Washington Law Review
No abstract provided.
Inheritance By A Murderer From His Victim, H. C. Force
Inheritance By A Murderer From His Victim, H. C. Force
Washington Law Review
The question whether a murderer can inherit from his victim, except in the case of life insurance, is usually answered in the affirmative. The rule is well settled that if the beneficiary under a life insurance policy murders the insured, neither he nor his heirs or representatives can collect the policy. But in cases where a devisee or heir has murdered his testator or ancester, the courts are divided, the majority holding that however undesirable it may be for a murderer to profit by his crime, nevertheless the statutes of wills or of descent are too clear, that the courts …
Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner
Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner
Washington Law Review
No abstract provided.
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
Washington Law Review
The advantages are apparent that might be gained by a man including in his will the provision that his wife should not take under it unless she should survive him for a period of, say, forty-eight hours. As an example, there is the famous French case of Fair v. Vanderbilt, in which both spouses were killed, the wife surviving the husband fifty-nine seconds, and of which a learned author once remarked, "It was the first time in history that a man and his wife were ever killed while riding together." No provision had been made in contemplation of either co-accidental …
The Washington Statute On Nuncupative Wills, Edward Starin
The Washington Statute On Nuncupative Wills, Edward Starin
Washington Law Review
In the old days of our common law, when the art of writing was limited to but a comparative few, the idea of a nuncupative or oral will gained a fairly firm footing. But with the spread of the ability to write, such wills came to be looked upon with disfavor owing to the opportunities presented for fraud and perjury Hence as early as the reign of Henry VIII. important restrictions were imposed on the right and power to make a nuncupative will. Contemporary legal writers expressed the idea that such a will could be made only when the testator …