Open Access. Powered by Scholars. Published by Universities.®

Estates and Trusts Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 47 of 47

Full-Text Articles in Estates and Trusts

Dower--Property Subject To Right--Contract Before Marriage To Will To Another, D. B. H. Feb 1948

Dower--Property Subject To Right--Contract Before Marriage To Will To Another, D. B. H.

West Virginia Law Review

No abstract provided.


A Practitioner's Guide To Estate Planning In Washington (Part Ii), Charles Horowitz Feb 1948

A Practitioner's Guide To Estate Planning In Washington (Part Ii), Charles Horowitz

Washington Law Review

Part II of this article begins with estate provisions.


Wills-Validity Of A Statutory Compromise Of A Will Contest Which Alters Or Reduces Possible Interests Created Under The Will, John M. Veale S.Ed. Feb 1948

Wills-Validity Of A Statutory Compromise Of A Will Contest Which Alters Or Reduces Possible Interests Created Under The Will, John M. Veale S.Ed.

Michigan Law Review

Testator's will created a trust of realty and personalty worth about nine million dollars. Small life annuities, subject to spendthrift provisions, were given to various heirs, with remainder on the death of the survivor of two grandsons to T's "legal heirs." Several years after T's death the heirs filed a bill to construe the will, claiming that it gave them vested remainders in the trust estate. Pending decision, all the present heirs executed an agreement to compromise the controversy which provided for immediate distribution to themselves of six million dollars from the corpus. The agreement was submitted to …


Wills-Interpretation-Revoked Will As Admissible Extrinsic Evidence, Daniel W. Reddin, Iii Feb 1948

Wills-Interpretation-Revoked Will As Admissible Extrinsic Evidence, Daniel W. Reddin, Iii

Michigan Law Review

Two nonprofit organizations, Meadville Volunteer Fireman's Relief Association and Paid Firemen's Relief and Pension Association of Meadville, Pennsylvania, claimed a legacy under the will of L. F. Williamson, deceased, "unto the Meadville Firemen's Relief Association, Division No. 43," and at the request of the corporate executor, the court below appointed an auditor to hear testimony to determine which organization was entitled to the legacy. The auditor awarded the legacy to the Volunteer Association after admitting testimony of the attorney who drew the will that wills executed by the testator before the existence of the Paid Association contained a similarly worded …


Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson Feb 1948

Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson

Michigan Law Review

On April 12, 1938, M executed a demand promissory note, negotiable in form, payable to the order of his daughter, the plaintiff. Simultaneously M prepared and attached a written instrument to the note stating that the plaintiff agreed that she would not attempt to collect the note until M died. The attached instruments were delivered to plaintiff immediately after execution. M died May 23, 1945. Plaintiff, who held the instruments from the date of execution without making any demand for payment, filed the note with the defendant, M's administrator, as a claim against M's estate. The defendant objected …


Future Interests-Parties-Unborn Persons-Virtual Representation, A. E. Anderson S.Ed. Feb 1948

Future Interests-Parties-Unborn Persons-Virtual Representation, A. E. Anderson S.Ed.

Michigan Law Review

Testator devised land to his six children for life with provision for a division into six equal parcels, and with remainder over to each life tenant's surviving issue. Subsequently, four of the life tenants brought an action against the other two life tenants and the three children of the life tenant then living, and obtained a decree ordering a sale of the land, and requiring each life tenant to file a bond conditioned that he safely keep such portion of his share of the proceeds as would be necessary to, protect the interests of any after-born child. The vendee gave …


Wills-Letters As Holographic Wills-Testamentary Intent, Charles M. Soller Feb 1948

Wills-Letters As Holographic Wills-Testamentary Intent, Charles M. Soller

Michigan Law Review

A church trustee offered for probate as decedent's will a letter wholly written, dated, and signed in the handwriting of decedent. The letter was addressed to proponent, and read: "I am sending you a cashier's check for the $5000.00 I wrote you about last week. Now as to my heirs-I have three nieces, and a husband who has had enough. I'm not interested in any of them. If I leave $5.00 or $5,000.00 I want the church to have it." Probate was denied, and proponent appealed. Held, the letter was entitled to probate. De Lapp v. Anderson, .(Ky. …


Report Of The Committee On Trusts, Joseph O'Meara, Henry C. Bogle, Hubert A. Brennan, Dan Gordon Judge, Raymond Rosoff, Tom B. Slade, Clinton Latourrette Jan 1948

Report Of The Committee On Trusts, Joseph O'Meara, Henry C. Bogle, Hubert A. Brennan, Dan Gordon Judge, Raymond Rosoff, Tom B. Slade, Clinton Latourrette

Journal Articles

The American Bar Association committee on trusts published a report on an investigation of whether common law and similar trusts should be subject to taxation as associations under income tax laws and if the tryst may be established without taxation burdens. The Committee requested a one-year continuation for further investigative consideration.


Recommending State Supervision Of Charitable Trusts Jan 1948

Recommending State Supervision Of Charitable Trusts

Indiana Law Journal

No abstract provided.


Unjust Enrichment As The Primary Basis For Raising A Constructive Trust, Wanda L. Spears Jan 1948

Unjust Enrichment As The Primary Basis For Raising A Constructive Trust, Wanda L. Spears

Kentucky Law Journal

No abstract provided.


Virtual Representation Of Holders Of Future Interests In Actions Involving Titles In Kentucky, Bertel M. Sparks Jan 1948

Virtual Representation Of Holders Of Future Interests In Actions Involving Titles In Kentucky, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.


Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson Jan 1948

Real Property-Tenancy By Entireties-Estate Created By Parol Gift Followed By A Voluntary Settlement, Ralph J. Isackson

Michigan Law Review

Prior to his death in 1892, X made a parol gift of 60 acres in a 360 acre tract to his daughter, W, or to W and her husband, H, and put them into actual possession but gave them no deed to the land. No evidence was shown to indicate that either W or H had paid the taxes or made any improvements on the land during X's lifetime. X died intestate and left surviving him five children, including W. All the heirs, except W, conveyed the 60 acre tract to W and H in …


Statute Of Frauds-Extinguishment Of Beneficial Interest In Constructive Trust In Land, Richard J. Archer Jan 1948

Statute Of Frauds-Extinguishment Of Beneficial Interest In Constructive Trust In Land, Richard J. Archer

Michigan Law Review

In order to increase borrowing capacity the husband conveyed several parcels of land to his wife so as to establish a separate credit for her; parol evidence indicated that the conveyance was for the use of the husband. Subsequently their relations became estranged, and the husband attempted a parol surrender of the parcels to his wife. The New Jersey Statute of Frauds is the counterpart of the English Statute requiring the creation of an express trust to be manifested and proved by writing but excluding from the requirement of writing creations, transfers, or extinguishments by operation of law. In a …


Cy Pres Comes To Delaware, E. L. Fisch Jan 1948

Cy Pres Comes To Delaware, E. L. Fisch

Maryland Law Review

No abstract provided.


Tort Action In Kentucky For The Wrongful Destruction Of A Will, Bertel M. Sparks Jan 1948

Tort Action In Kentucky For The Wrongful Destruction Of A Will, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.


Admissibility Of Oral Declarations Of A Testator To Prove A Lost Will In Kentucky, Bertel M. Sparks Jan 1948

Admissibility Of Oral Declarations Of A Testator To Prove A Lost Will In Kentucky, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.


Should Husband And Wife Hold Real Property With Survivorship?, William E. Francis Jan 1948

Should Husband And Wife Hold Real Property With Survivorship?, William E. Francis

Kentucky Law Journal

No abstract provided.