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Full-Text Articles in Estates and Trusts

Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed. Mar 1947

Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed.

Michigan Law Review

When decedent died in 1940, his personal estate was consumed by the widow's exemption and expenses of administration, leaving only a one-sixth interest in certain real estate formerly owned by his deceased father. Proceedings to partition this property resulted in a sum of $2,306.17 payable to decedent's widow, subject to the payment of his debts. The executors of one Davidson who had obtained a $24,588.00 judgment against decedent in 1933 claimed the entire fund as did the United States under tax liens entered in 1940 and 1941 of $2,202.89 and $8,904.67. The government based its claim on section 3466 of …


Trusts-Creditors' Claims Against The Trust Property-Liability Of Trustees In Representative Capacity, T. E. Norpell Mar 1947

Trusts-Creditors' Claims Against The Trust Property-Liability Of Trustees In Representative Capacity, T. E. Norpell

Michigan Law Review

Suit upon two notes signed by appellees, "Trustees, trading as the Annie Reisch Investment Company, a Common Law Trust of Sangamon County, Illinois." The notes, due in four months after date of execution, were purchased by the plaintiff, appellant, from the payee bank's receiver nine years after their maturity. This action was begun by complaint and cognovit and judgment was entered against the makers individually and as trustees. The individual defendants filed motions to open judgment against them individually; and upon motion for a summary judgment filed by defendants, held, by section 20 of the Negotiable Instruments Law, defendant …


Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker Mar 1947

Wills--Adopted Child As "Issue" Within Meaning Of Anti-Lapse Statute, George A. Rinker

Michigan Law Review

Testatrix, by her will, left the residue of her estate to her two sisters, their heirs and assigns forever. Appellee, an adopted daughter of one sister who predeceased testatrix, claimed one half of the residue by substitution under the Ohio anti-lapse statute. Held, an adopted child is "issue" within the meaning of the anti-lapse statute, which in terms provides that issue of a predeceased devisee will take. Appellee takes by substitution for her adoptive mother. Flynn v. Bredbeck, (Ohio 1946) 68 N.K (2d) 75.


Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii Jan 1947

Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii

Michigan Law Review

Testator in his will bequeathed one half of his estate "share and share alike" to his three brothers, naming them, "being to each a one-third part thereof, to them and their heirs forever." Two of the brothers were to testator's knowledge dead at the time he made his will, and the third brother predeceased the testator. In proceedings brought for a construction of the will, held, that the residuary legacies to the brothers did not lapse, but the legacies vested in the respective heirs of deceased brothers. In re Britt's Estate, (Wis. 1946) 23 N.W. (2d) 498.


Soviet Law Of Inheritance: I, Vladimir Gsovski Jan 1947

Soviet Law Of Inheritance: I, Vladimir Gsovski

Michigan Law Review

The Soviet law of inheritance has suffered several drastic changes. Not only were the statutory provisions changed, but the attitude of soviet jurists to the very institution of devolution of property on death has presented a constantly changing picture.


Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles Jan 1947

Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles

Michigan Law Review

The current volume in the Michigan Legal Studies, Problems in Probate Law: Model Probate Code, is an outstanding example of what can be achieved by the cooperation of a professional association and a well-financed and forward-looking law school. The Probate Division of the Section of Real Property, Probate and Trust Law of the American Bar Association initiated the project of preparing a model probate code and sponsored the project through to completion. The code is the Probate Division's proudest achievement. But the code would not have been possible without the Herculean labors of Professor Lewis M. Simes, Director of …


Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed. Jan 1947

Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed.

Michigan Law Review

Prior to her marriage, settlor created a trust, reserving to herself a life estate, with general testamentary power of appointment over the corpus. The trust deed provided further that in default of appointment, "or as to any part of said estate as to which the appointment may for any reason fail to take effect," the property was to remain in trust to pay one-half the income to her fiancé for life, if he should survive her, the other half to her children who survived or the issue of deceased children, and to pay over the principal when the youngest taker …


Soviet Law Of Inheritance: Ii, Vladimir Gsovski Jan 1947

Soviet Law Of Inheritance: Ii, Vladimir Gsovski

Michigan Law Review

Wills. Neither the Civil Code nor any other statute sets forth any specific requirements for capacity to make a will. Therefore, the soviet jurists deem any person who is generally competent to enter into legal transactions (Civil Code, Section 8) capable of making a will. Thus, minors under the age of eighteen years and persons adjudged unable to manage their affairs because of mental disease or weak-mindedness do not have testamentary capacity. Likewise, a will executed by a testator while "in a state of mind which precluded his understanding the significance of his acts," has no validity (id., Section 3r).


Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed. Jan 1947

Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed.

Michigan Law Review

In 1930 plaintiff received certain shares of stock from his uncle by way of outright gift. Seven months later, in order to decrease inheritance taxes at the time of the death of the donee, a declaration of trust was prepared and executed by the original donor as settlor, and indorsed by the donee "as Trustee, to evidence his acceptance of the Trusts herein expressed," at which time the donee surrendered the certificate of shares originally given him and was issued a new certificate as trustee. Plaintiff now sues for an annulment of the instrument. Held, the document was void …


Trusts-Illusory Transfer-Rights Of Surviving Widow, John E. Grosboll S.Ed. Jan 1947

Trusts-Illusory Transfer-Rights Of Surviving Widow, John E. Grosboll S.Ed.

Michigan Law Review

On May 12, 1939, the testator created an inter vivos trust, the corpus consisting of roo shares of stock in a closed corporation, of which the testator was president and a director. He reserved the life income and the right to revoke or modify the trust agreement. The agreement gave no express authority to the trustee to sell or invest the trust property. It did, however, authorize the trustee to vote the stock, but further authorized him to enter into a trust agreement with the remaining four stockholders, which was done on May 15, 1939. This had the effect of …


Taxation--Estate Tax--Transfers Taking Effect At Death--Hallock Doctrine, John W. Riehm Dec 1946

Taxation--Estate Tax--Transfers Taking Effect At Death--Hallock Doctrine, John W. Riehm

Michigan Law Review

In 1925 and 1926 decedent and his wife created two trusts, decedent contributing 80 per cent, and his wife 20 per cent. Each trust provided for income to the wife during decedent's life, and on his death income was to be divided between the wife and a daughter or go to the survivor for life. On the death. of the survivor of the wife and daughter the corpus was to be distributed "According to the Statutes of descent and distribution of the State of Ohio, to the heirs at law of [decedent] and [wife], providing the heirs of [decedent] and …


Wills-Pretermitted Heir Statute-Incorporation By Reference, Shubrick T. Kothe Dec 1946

Wills-Pretermitted Heir Statute-Incorporation By Reference, Shubrick T. Kothe

Michigan Law Review

Plaintiff, adopted daughter of Mr. and Mrs. Burdick, deceased, left them some years before their deaths. Mr. Burdick provided in his will that plaintiff was to get two legacies, and Mrs. Burdick, who died after her husband, did not specifically mention plaintiff, but provided that the residue of her estate should be distributed as provided in her husband's will. She subsequently revoked this provision by a codicil which gave the residue to one Langley. Plaintiff claimed a share of the estate under the Arkansas "pretermitted child" statute. Held, Mrs. Burdick's reference to her husband's will incorporated it into her …


Wills--Specific Bequest Of Capital Stock--Disposition Of Stock Dividends Declared Before Testator's Death, E. M. Deal Dec 1946

Wills--Specific Bequest Of Capital Stock--Disposition Of Stock Dividends Declared Before Testator's Death, E. M. Deal

Michigan Law Review

In her will, testatrix made several specific gifts to Miss Dorothy Spencer, including "20 shares of stock of the Times-Picayune Publishing Company," the extent of her holding at the time the will was executed. Later, the company declared a 100 per cent stock dividend and issued testatrix a certificate for an additional 20 shares. When she died, testatrix had in her possession certificates for 40 shares of the corporation's stock. Ten legatees objected to a provisional account filed by her executor which listed the 40 shares as belonging to Dorothy Spencer, claiming that the additional shares should be converted into …


Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed. Dec 1946

Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed.

Michigan Law Review

The County Court, disregarding the statutory order of preference, appointed a disinterested third party administrator with the will annexed because of the conflict of interest between the grandchildren who were entitled to the appointment under the statute and the creditors. The grandchildren as heirs of the devisees in decedent's will claimed that the creditors' claims were barred by the laches of the former administrator, their nominee. The circuit court decided that the statute was mandatory and ordered the appointment of the grandchildren. The creditors appeal. Held, reversed. The original appointment by the county court of a disinterested person will …


Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed. Dec 1946

Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.

Michigan Law Review

Testator devised one half of the income from an undivided one-third interest in certain real estate to the defendant, his wife, and provided that on her death the undivided one-third interest was to go to his brother and sister, plaintiffs here, if living, otherwise to his children in a certain named order if living. The defendant, testator's widow, elected to take her statutory share against the will, and the county court decreed her a one-half interest in the undivided one third, the other one-half interest going to the plaintiffs. Plaintiffs, also having title to the other two thirds of the …


Co-Tenancy-Conveyance By Grantor To Himself And Another, Shubrick T. Kothe Jun 1946

Co-Tenancy-Conveyance By Grantor To Himself And Another, Shubrick T. Kothe

Michigan Law Review

Decedent, owning land and personal property thereon, executed a deed purporting to convey to herself and her son a life estate in the property "as joint tenants during their joint lives and an absolute fee forever in the remainder to the survivor of them. . . " Held, the deed created a tenancy in common in both of them during their lives and an estate in fee to the survivor. Hass v. Hass, (Wis. 1946) 21 N.W. (2d) 398.


Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs Jun 1946

Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs

Michigan Law Review

Defendant and testator were partners. Upon the death of the testator leaving a widow and children, defendant was named executor under the will with power to manage, control or sell any of the property in the estate. The testator's children's share vested in defendant as trustee under the will. Thereafter, defendant formed a corporation to which he transferred the partnership property. Equal amounts of stock therein were issued to himself individually, and to himself in his fiduciary capacity for the widow and children; a number of shares were issued to a third party who had a contingent interest under the …


Trusts And Estates-Trends In The Law: 1941-1945 (A Service For Returning Veterans), Lewis M. Simes Apr 1946

Trusts And Estates-Trends In The Law: 1941-1945 (A Service For Returning Veterans), Lewis M. Simes

Michigan Law Review

In every generation there are some judicial decisions so revolutionary that any summary of developments in the law, regardless of its author or of its brevity, would include them. Such cases as Erie Railroad v. Tompkins and Williams v. North Carolina will fall into this category no matter who lines up the materials. But such avulsive changes rarely if ever occur in the law of Trusts and Estates; and it is anybody's guess to determine the significant aspects of the day-to-day accretions which actually take place. Thus, the writer has no illusions that he is singling out the trends as …


Charities-Words Necessary To Create A Valid Trust For Charitable Purposes, John S. Dobson S.Ed. Apr 1946

Charities-Words Necessary To Create A Valid Trust For Charitable Purposes, John S. Dobson S.Ed.

Michigan Law Review

Testatrix left a will in which she directed her executor, after paying certain specific bequests, to give the residue of her estate "to some worthy cause or institution." From a decree rejecting the contention of decedent's next of kin that this residuary gift was void for indefiniteness, the next of kin appeal, arguing that the word "worthy" is not synonymous with "charitable," and that, in view of this, the bequest should fail for uncertainty, because testatrix did not specify the particular institution which was to receive the benefit of her bounty. Held, the bequest is valid. This court feels …


Future Interests-Power Of Termination-Restraint On Alienation- Merger Of The Power Of Termination With The Fee Simple Subject To A Condition Subsequent, Neil Mckay S.Ed. Apr 1946

Future Interests-Power Of Termination-Restraint On Alienation- Merger Of The Power Of Termination With The Fee Simple Subject To A Condition Subsequent, Neil Mckay S.Ed.

Michigan Law Review

A conveyed two tracts of land to B, her daughter, by two deeds, reserving a life estate in each tract and restraining, by condition subsequent, alienation of them in any manner, for five years in one deed, and for twelve years in the second. In less than five years and before the restrictions were violated, A died and B was adjudged her sole and only heir at law. Thereafter B conveyed the land by quit claim deed to the defendant, her husband. B died a month later, leaving a will, by which she devised and bequeathed all her property …


The Function Of Will Contests, Lewis M. Simes Feb 1946

The Function Of Will Contests, Lewis M. Simes

Michigan Law Review

To anyone steeped in the doctrines of the common law there is something anomalous about the will contest. First, the will is duly admitted to probate in a proceeding which is almost universally conceded to be judicial. Then at a subsequent time a so-called contest is brought by the heir, in which the precise proposition determined on the probate is retried. In most jurisdictions the heir is not bound to make any sort of a showing to entitle him to contest. He need not allege newly discovered evidence. He need not submit any evidence of · fraud or mistake. Indeed, …


Descent And Distribution--Illegitimate--Inheritance Through Father From Collateral Kindred Of Father--Indiana Statute, Joseph N. Morency, Jr. Feb 1946

Descent And Distribution--Illegitimate--Inheritance Through Father From Collateral Kindred Of Father--Indiana Statute, Joseph N. Morency, Jr.

Michigan Law Review

Appeal by illegitimate from an adverse ruling in the trial court, presenting the question whether an illegitimate son, acknowledged by his father, can inherit a share of the estate of the father's sister who survived the father. Held, reversing the Appellate Court, although the statute grants to an acknowledged illegitimate the right to inherit from his father in the event that no legitimate children nor descendants of legitimate children survive the father, an illegitimate cannot inherit through his father from the father's sister. Phillips v. Townsend, (Ind. 1945) 62 N.E. (2d) 860.


Abstracts, Mary Jane Plumer Dec 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Dispensing With Administration, Paul E. Basye Dec 1945

Dispensing With Administration, Paul E. Basye

Michigan Law Review

With an elaborate system existing in every state for the administration of decedents' estates, it should not be assumed that every estate is or need be subjected to official supervision by a probate court. According to studies made in this connection there is approximately one administration for every four deaths. In some cases there is no estate to be administered. In others it is of such small value that administration is neither required nor justified. Even when a decedent dies possessed of a moderate or large estate, it does not follow that administration is absolutely essential. It is the experience …


Abstracts, Mary Jane Plumer Oct 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith Aug 1945

The Present Status Of "Illusory" Trusts-The Doctrine On Newman V. Dore Brought Down To Date, Edward A. Smith

Michigan Law Review

It has long been the policy of the law to provide for a widow by setting aside some portion of her deceased husband's estate for her future support. Such a policy, it has been said, dates back to the laws of Hammurabi and later evidences of it may. be found in the Justinian Code of the Roman Law, and in English law from the earliest times; its final manifestation being in the well-known common law dower. It is not with dower, however, that we are here concerned, for that institution is sufficiently well understood to require no discussion in this …


Abstracts, Mary Jane Plumer Aug 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Administration Of Estates-Requirement Of Notice For Probate Of Will Or Grant Of Letters Of Administsration, Elizabeth Durfee Jun 1945

Administration Of Estates-Requirement Of Notice For Probate Of Will Or Grant Of Letters Of Administsration, Elizabeth Durfee

Michigan Law Review

To lawyers and judges in states which require notice for the initiation of probate or administration, it may come as a shock to discover that there are many jurisdictions in which these proceedings can be had without any notice whatever. It is the purpose of this note to investigate the situation in the various states, in order to show that in nearly half of them notice is not considered essential. The sole question to be considered is notice or no notice; this comment is not concerned with the kind of notice required, nor with the possibility of waiver of notice …


Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent Jun 1945

Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent

Michigan Law Review

The common law rule was well settled that a conveyance to two or more, not husband and wife, made them joint tenants, not tenants in common, unless language was used to show an intent that they were not to be joint tenants. The reason for such a rule having passed, the modern rule is to the opposite effect-two or more conveyees, with certain exceptions, are presumptively tenants in common. The Illinois statute, for example, declares that "no estate in joint tenancy in any lands ... shall be held or claimed under any grant . . . unless the premises therein …


Abstracts, Mary Jane Plumer Jun 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.