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Articles 31 - 47 of 47
Full-Text Articles in Estates and Trusts
Wills And Administration--Abatement Of Legacies--Intent Of Testator, J. S. M.
Wills And Administration--Abatement Of Legacies--Intent Of Testator, J. S. M.
West Virginia Law Review
No abstract provided.
Trusts - Tort Liability Of Trustee In His Representative Capacity, Reid J. Hatfield
Trusts - Tort Liability Of Trustee In His Representative Capacity, Reid J. Hatfield
Michigan Law Review
Plaintiff brought suit to recover damages for injuries allegedly sustained because of the unsafe condition of a hotel building owned and operated by the defendant trustee. The trustee was an insolvent bank and trust company in the hands of the state superintendent of banks, who was also joined as defendant. The prayer was for a "judgment against the defendants in their fiduciary capacity toward the trust." On appeal of the lower court's judgment sustaining defendants' demurrer, held, that the trustee could be sued in his representative capacity. Carey v. Squire, 63 Ohio App. 476, 27 N. E. (2d) …
Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review
Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review
Michigan Law Review
Plaintiff, a bank employee and personal friend of the testatrix, rendered to her and her late husband frequent and considerable services in connection with the management of their property. He received no compensation for these services, but both wife and husband indicated that he was to be compensated in the will of the survivor of the couple. There was evidence that the amount of such compensation was to be as much as $12,000. Actually, plaintiff received about $3,000 by the wife's will. It was not indicated in the will whether or not the legacy was intended to satisfy the indebtedness. …
Wills - Construction Of Technical Terms, Michigan Law Review
Wills - Construction Of Technical Terms, Michigan Law Review
Michigan Law Review
Testatrix' will executed in 1916 provided, inter alia, "In case of the death of any of the above named children, I give . . . his share to his heirs." A son of testatrix died in 1929, survived only by his widow, complainant here, and his mother. In March 1938, the New York Decedent Estate Law was amended to provide that the word "heirs" when used in a statute, will or in any other written instrument prescribing the devolution of property rights, without express or implied declaration to the contrary, should be construed to mean the distributees, including a surviving …
Domicil For Orphans' Court Jurisdiction - Shenton V. Abbott
Domicil For Orphans' Court Jurisdiction - Shenton V. Abbott
Maryland Law Review
No abstract provided.
Premature Closing Of A Class Upon Death Of A Member - Sale Deposit & Trust Co. V. Forbes
Premature Closing Of A Class Upon Death Of A Member - Sale Deposit & Trust Co. V. Forbes
Maryland Law Review
No abstract provided.
Admissibility Of Foreign Will To Probate - In Re Will Of Pritchard
Admissibility Of Foreign Will To Probate - In Re Will Of Pritchard
Maryland Law Review
No abstract provided.
Spendthrift Trusts Of Principal
Husband And Wife--Conveyance In Fraud Of Material Rights Of The Wife, Joe R. Johnson Jr.
Husband And Wife--Conveyance In Fraud Of Material Rights Of The Wife, Joe R. Johnson Jr.
Kentucky Law Journal
No abstract provided.
Bankruptcy - Collection Of Assets - Satisfaction Of Conversion Claim From Non-Estate Assets, Jerry P. Belknap
Bankruptcy - Collection Of Assets - Satisfaction Of Conversion Claim From Non-Estate Assets, Jerry P. Belknap
Michigan Law Review
It is well-settled that a trustee in bankruptcy must use due diligence in collecting the assets of the bankrupt estate, and that he will be charged with the value of assets lost by a failure to discharge this duty. A difficult problem arises, however, where the bankrupt has converted and wasted estate assets, and subsequently acquires sufficient non-estate assets to equal the value of the assets converted. If there is a method whereby the trustee can obtain restitution for the loss to the estate, he must use due diligence to collect the claim for the benefit of creditors, or be …
Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review
Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review
Michigan Law Review
In 1923 the trust company entered into a transaction with the land company by which the land company borrowed $130,000 with which it purchased a city property for slightly less than that amount and gave title to the trust company as security for the loan. Through a series of loans later negotiated the trust company came to have an investment of $150,000 in the property. In 1926 the trust company made an agreement with the land company pursuant to which the trust company declared itself trustee of the property at an appraised value almost fifty per cent above the purchase …
Taxation - Federal Income Tax - Intangible Satisfaction From Gift As Income To The Donor, Walter B. Connolly
Taxation - Federal Income Tax - Intangible Satisfaction From Gift As Income To The Donor, Walter B. Connolly
Michigan Law Review
Respondent, the owner of negotiable bonds, detached from them negotiable interest coupons shortly before their due date and delivered them as a gift to his son, who in the same year collected them at maturity. The commissioner of internal revenue ruled that the interest payments were taxable to the respondent donor. The circuit court of appeals reversed the order of the board of tax appeals sustaining the tax. Held, the commissioner was correct in including such interest payments in the taxable income of the donor. Helvering v. Horst, (U.S. 1940) 61 S. Ct. 144.
Trust Mortgages - Effect Of Foreclosure Of Subsequent Mortgage As Prior Lien Under Subordination Agreement Of Which Bondholders Had No Knowledge, Rex B. Martin
Michigan Law Review
Plaintiff held bonds secured by a trust mortgage. The trustee, Moore, without the consent of all the bondholders, had agreed to subordinate the trust mortgage to a subsequent mortgage. Defendant, the assignee of the subsequent mortgagee, foreclosed its mortgage as a prior lien. Moore was properly served but did not appear, as no bondholder agreed to pay the costs of the litigation. In the present suit to invalidate the subordinating agreement and reinstate the trust mortgage as the prior lien, held, the judgment in the foreclosure action determined the issue of priority and was conclusive against all the bondholders. …
Spendthrift Trusts: Reaching The Interest Of The Beneficiary For Alimony Or Support, R. Vincent Goodlett
Spendthrift Trusts: Reaching The Interest Of The Beneficiary For Alimony Or Support, R. Vincent Goodlett
Kentucky Law Journal
No abstract provided.
Sales By Executors And Administrators, Clarence Cornelius
Sales By Executors And Administrators, Clarence Cornelius
Kentucky Law Journal
No abstract provided.
The Right Of An Adopted Child To Succeed To An Estate Limited To The Heirs Of His Foster Parent, J. Granville Clark
The Right Of An Adopted Child To Succeed To An Estate Limited To The Heirs Of His Foster Parent, J. Granville Clark
Kentucky Law Journal
No abstract provided.
Statutory And Common Law Definitions Of Contingent Remainders, W. Lewis Roberts
Statutory And Common Law Definitions Of Contingent Remainders, W. Lewis Roberts
Kentucky Law Journal
No abstract provided.