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Articles 1 - 30 of 44
Full-Text Articles in Estates and Trusts
Book Reviews, Charles L. B. Lowndes, Henry H. Foster Jr., Mortimer Schwartz, Marshall J. Fox, Carl H. Fulda, Jacob D. Hyman
Book Reviews, Charles L. B. Lowndes, Henry H. Foster Jr., Mortimer Schwartz, Marshall J. Fox, Carl H. Fulda, Jacob D. Hyman
Journal of Legal Education
No abstract provided.
Wills--Construction Of Ambiguous Residuary Clause--Fee Simple Or Life Estate, J. O. F.
Wills--Construction Of Ambiguous Residuary Clause--Fee Simple Or Life Estate, J. O. F.
West Virginia Law Review
No abstract provided.
Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg
Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg
Michigan Law Review
H and W each conveyed their separate farms to themselves as joint tenants by means of a third-party conduit. The deeds were not recorded, and H and W continued to regard their respective farms as belonging to themselves individually. In 1951, W, faced with imminent death, executed a will calling for the payment of certain bequests out of her farm or its proceeds. H agreed to act as executor and promised that the bequests would be paid. H had recorded the joint tenancy deeds before W died, but had not paid the bequests when he died intestate two years …
Decedent's Estates—Construction Of Wills, Richard O. Robinson
Decedent's Estates—Construction Of Wills, Richard O. Robinson
Buffalo Law Review
In re Fabbri's Will, 2 N.Y.2d 236, 159 N.Y.S.2d 184 (1957); In re Englis' Will, 2 N.Y.2d 395, 161 N.Y.S. 2d 39 (1957); In re Slater's Will, 3 N.Y.2d 109. 164 N.Y.S2d 393 (1957).
Decedent's Estates—Date Of Commutation Of Annuity, Robert Tills
Decedent's Estates—Date Of Commutation Of Annuity, Robert Tills
Buffalo Law Review
In re Ferris' Trust, 3 N.Y.2d 70, 163 N.Y.S.2d 953 (1957).
Decedent's Estates—Improper Delegation Of Judicial Authority—Waiver, Harold M. Halpern
Decedent's Estates—Improper Delegation Of Judicial Authority—Waiver, Harold M. Halpern
Buffalo Law Review
In re Nowakowski's Estate, 2 N.Y.2d 618, 162 N.Y.S.2d 19, (1957).
Decedent's Estates—Jury Trial In Will Contest, Richard O. Robinson
Decedent's Estates—Jury Trial In Will Contest, Richard O. Robinson
Buffalo Law Review
In re Satterlee's Will, 2 N.Y.2d 285, 159 N.Y.S.2d 689 (1957).
Decedent's Estates—Commission For Executor's Services, Joel Brownstein
Decedent's Estates—Commission For Executor's Services, Joel Brownstein
Buffalo Law Review
Estate of Schinasi, 3 N.Y.S.2d 22, 163 N.Y.S.2d 664 (1957).
Decedent's Estates—Appointment Of Successor Trustee, Anthony Colucci
Decedent's Estates—Appointment Of Successor Trustee, Anthony Colucci
Buffalo Law Review
In re Phipp's Will, 2 N.Y.2d 105, 138 N.E.2d 341 (1956).
Decedent's Estates—Charitable Bequests—Liberal Construction, John H. Stenger
Decedent's Estates—Charitable Bequests—Liberal Construction, John H. Stenger
Buffalo Law Review
In re Ablett's Will, 3 N.Y.2d 261, 165 N.Y.S.2d 63 (1957); In re Perkin's Will, 3 N.Y.2d 281, 165 N.Y.S.2d 77 (1937); In re Bishop's Will, 3 N.Y.2d 294, 165 N.Y.S.2d 86 (1957).
Testamentary Freedom And Social Control—After-Born Children: Part Ii: Some Basic Problems And Some New Approaches, Saul Touster
Testamentary Freedom And Social Control—After-Born Children: Part Ii: Some Basic Problems And Some New Approaches, Saul Touster
Buffalo Law Review
No abstract provided.
Wills, Trusts And Estates -- 1957 Tennessee Survey, Herman L. Trautman
Wills, Trusts And Estates -- 1957 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
The subject matter of this article will be presented in four parts entitled Wills, Trusts, Future Interests and Fiduciary Administration. The latter will include the developments of the year concerning both the administration of decedents' estates and the administration of trust estates because to an increasing extent the statutes and decisions are relevant to both kinds of fiduciary administration. Legislative developments concerning probate law are also included under each heading as well as the court decisional developments.
Probate, Joseph D. Holmes Jr.
Probate, Joseph D. Holmes Jr.
Washington Law Review
Covers cases on parties entitled to appointment as administrators—grounds for disqualification.
Trusts, John A. Hamill, William Fraser
Trusts, John A. Hamill, William Fraser
Washington Law Review
Covers cases on testamentary trusts—violations of the rule against perpetuitities—effect of saving clause (Hamill) and on bank deposits as tentative or "Totten" trusts (Fraser).
The Applicability Of State Inheritance Tax Statutes To United States Savings Bonds, M. J. P.
The Applicability Of State Inheritance Tax Statutes To United States Savings Bonds, M. J. P.
West Virginia Law Review
No abstract provided.
Corporations - Shareholders - Delegation Of Director's Principal Duties Insufficient To Invalidate A Voting Trust, Gerald D. Rapp
Corporations - Shareholders - Delegation Of Director's Principal Duties Insufficient To Invalidate A Voting Trust, Gerald D. Rapp
Michigan Law Review
The directors of an intermediate unit in a string of holding companies caused the corporation's sole substantial asset, the stock representing control of a subordinate holding company, to be deposited in a voting trust. Most of these directors, serving one-year terms, comprised the majority of the trustees who were to serve for the life of the ten-year trust. This act served to insulate the lower companies from the control of plaintiffs who were majority shareholders of the top holding company. The plaintiffs sought an injunction restraining the use by the trustees of the stock controlled by the trust to effect …
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Michigan Law Review
Testatrix left a will containing the following bequest: ". . . I give, devise and bequeath to my brothers and sisters, A, B, C, D and the children of E (naming them), and F and G, all the ... residue ... of my Estate ... both real and personal of whatsoever kind . . . and wherever situated should be sold and distributed in equal share, share and share alike .... " G died before the testatrix, and her share lapsed. The trial court held that G's share passed as intestate property of the testatrix. On appeal, held, …
Scott: The Law Of Trusts (Second Edition)., Lewis M. Simes
Scott: The Law Of Trusts (Second Edition)., Lewis M. Simes
Michigan Law Review
A Review of The Law of Trusts (second edition). By Austin Wakeman Scott
Future Interests - Construction - Implied Condition Of Survivorship, Herbert A. Bernhard S.Ed.
Future Interests - Construction - Implied Condition Of Survivorship, Herbert A. Bernhard S.Ed.
Michigan Law Review
Decedent's will gave the income from his estate to his widow for life. After her death the estate was to be held for an additional ten years, during which time the income was to be equally divided among his named daughters, Jennie, Bertha, Ida and Martha. At the end of the ten-year period, the estate was to be divided among the four daughters in equal shares, with the children of a daughter not surviving the ten-year period to take her share. Martha died three years after decedent's widow died. Plaintiff, as administrator of Martha's estate, objected to the payment by …
Future Interests - Rule Against Perpetuities - Recent Kentucky Legislation Pertaining To Administrative Contingencies, Jules M. Perlberg S.Ed.
Future Interests - Rule Against Perpetuities - Recent Kentucky Legislation Pertaining To Administrative Contingencies, Jules M. Perlberg S.Ed.
Michigan Law Review
A recent Kentucky amendment to its perpetuities statute follows the lead of Illinois in seeking a legislative solution to the problems inherent in applying the rule against perpetuities to administrative contingencies. The amendment provides, inter alia, that the vesting of any limitation of property "shall not be regarded as deferred for purposes of the rule against perpetuities or regarded as a suspension of the power of alienation of title to property merely because the limitation is made to the estate of a person, or to a personal representative, or to a trustee under a will, or to take effect on …
Testamentary Freedom And Social Control—After-Born Children: Part I: The New York Experience, Saul Touster
Testamentary Freedom And Social Control—After-Born Children: Part I: The New York Experience, Saul Touster
Buffalo Law Review
No abstract provided.
The Widow's Share Evaluated, Richard G. Birmingham
The Widow's Share Evaluated, Richard G. Birmingham
Buffalo Law Review
In re Shupack's Will, 1 N. Y. 2d 482, 136 N. E. 2d 513 (1956).
Trusts - Improved Real Estate - Validity Of Depreciation Reserves, Ross Kipka S.Ed.
Trusts - Improved Real Estate - Validity Of Depreciation Reserves, Ross Kipka S.Ed.
Michigan Law Review
Depreciation of physical assets is an accounting procedure now taken for granted in the business and tax areas of the law. Its emergence in the field of trusts has been relatively slow, however, and even today it has not gained much acceptance by the courts. It is the purpose of this comment to examine some of the reasons why the courts have been reluctant in applying the depreciation concept to trusts, and in particular to those trusts that include improved real estate among the assets of the corpus.
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Journal of Legal Education
No abstract provided.
Trusts--Lease Of Trust Property Beyond Term Approved, G. W. H. Jr.
Trusts--Lease Of Trust Property Beyond Term Approved, G. W. H. Jr.
West Virginia Law Review
No abstract provided.
Business Associations - Uniform Limited Partnership Act - Corporation As A Limited Partner, Richard Singer
Business Associations - Uniform Limited Partnership Act - Corporation As A Limited Partner, Richard Singer
Michigan Law Review
The Port Arthur Trust Co., a Texas corporation, sought to enter into a limited partnership agreement as a limited partner. Its capital contribution was to be three trusts established by the prospective general partner wherein the trust company had been named trustee. The secretary of state refused to file the instrument creating the limited partnership on the grounds "that it was necessary for a corporation to have express charter powers" before it can, enter into a limited partnership, and that "a corporation is not a 'person' " within the meaning of the Texas Uniform Limited Partnership Act. The corporation then …
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Michigan Law Review
Plaintiff mining company sued to impose a constructive trust on mineral interests purchased by the defendant employee in breach of his oral agreement with the company. The agreement included a promise to hold any property so acquired in trust for the employer at his election. Ruling that this agreement was unenforceable under the Oklahoma statute of frauds, the trial court relied on the defendant's status as an ordinary employee without duties relating to the acquisition of mineral interests or access to confidential information, and gave judgment for the defendant. On appeal, held, affirmed. Without proof of positive fraud or …
Decedent's Estate—Precatory Language, Richard G. Birmingham
Decedent's Estate—Precatory Language, Richard G. Birmingham
Buffalo Law Review
In re Daly's Will, 1 N. Y. 2d 100, 134 N. E. 2d 58 (1956); Spencer v. Childs, 1 N. Y. 2d 103, 134 N. E. 2d 60 (1956).
Decedent's Estate—Attorneys' Fees, Richard G. Birmingham
Decedent's Estate—Attorneys' Fees, Richard G. Birmingham
Buffalo Law Review
In re Bishop's Estate, 1 N. Y. 2d 385, 135 N. E. 2d 578 (1956).
Decedent's Estate—Joint Savings Accounts, Richard G. Birmingham
Decedent's Estate—Joint Savings Accounts, Richard G. Birmingham
Buffalo Law Review
In re Creekmore's Estate, 1 N. Y. 2d 284, 135 N. E. 2d 193 (1956).