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Advancements: I, Harold I. Elbert Mar 1953

Advancements: I, Harold I. Elbert

Michigan Law Review

The purpose of this monograph is to consider the afore-mentioned topics and other questions inherent in the doctrine of advancements. Different interpretations in the various states will be discussed. The principal objectives of the work are to make a comparative study of advancement legislation and to state the law as it actually exists as a basis for determining whether it can be improved.

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Real Property-Construction Of Deeds-Effect Of Phrase "And/Or Survivor" Following Names Of Grantees, Gene E. Overbeck S.Ed. Mar 1953

Real Property-Construction Of Deeds-Effect Of Phrase "And/Or Survivor" Following Names Of Grantees, Gene E. Overbeck S.Ed.

Michigan Law Review

The receiver of a bank deeded land "to Alfred Carothers and Delarma Hackett, or survivor." Plaintiff, Hackett's grantee, brought an action for construction of the deed. On appeal, held, the deed conveyed a moiety to each for life with remainder to the survivor in fee, and neither grantee, by a conveyance during his lifetime, could cut off the contingent remainder. Rowerdink v. Carothers, 334 Mich. 454, 54 N.W. (2d) 715 (1952).

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Charitable Trust—Termination By Judicial Decree, Eugene A. Greenway Feb 1953

Charitable Trust—Termination By Judicial Decree, Eugene A. Greenway

Washington Law Review

P, as administrator of settlor's estate, brought an action to terminate a trust. Trial court dismissed the action. Held: Reversed. The failure of the trustees to administer the trust according to the provisions of the will and the failure to meet the deadline set by the court in a prior hearing of the same case justified termination of the trust. McLaren v. Schalkenbach Home for Boys, 141 Wash. Dec. 111, 206 P. 2d 345 (1952).

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Retroactive Legislation Affecting Interests In Land, John Scurlock Jan 1953

Retroactive Legislation Affecting Interests In Land, John Scurlock

Michigan Legal Studies Series

Professor Scurlock's monograph covers an area of the law which is commonly by-passed in treatises and in classroom instruction. If we could merely tear Maitland's "seamless web" of the law and retain all the shreds, no part of the legal system would escape us. What we actually do, however, is to set up, in a more or less arbitrary fashion, numerous centers of legal classification, such as contracts, torts, property and constitutional law, to which closely related legal materials are attracted as to a magnet. But those legal materials which stand midway between two centers of attraction are likely to …

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The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch Jan 1953

The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch

Michigan Law Review

The cy pres doctrine arose so far back in antiquity that its origins are obscure. Apparently it was known and used in Roman law, for an application of the cy pres doctrine is reported in the Digest of Justinian. In the early part of the third century a city received a legacy bequeathed for the purpose of commemorating the memory of the donor by using the income of the legacy to hold yearly games. As such games were illegal at that time a problem arose concerning the disposition of the legacy. Modestinus, a well known jurist, found the solution.

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Protection Against Doubtful Claims During Probate Jan 1953