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1957

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Institution
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Articles 31 - 44 of 44

Full-Text Articles in Estates and Trusts

Foreign Personal Representatives, Banks Mcdowell Jr. Jan 1957

Foreign Personal Representatives, Banks Mcdowell Jr.

Michigan Legal Studies Series

In dealing with the legal rules affecting foreign personal representatives, the author of the present monograph is to be commended for the lucid analysis in the following pages of the principal questions that an executor or administrator appointed in one state will encounter in the administration of a single estate on a multi-jurisdictional basis: his right to sue and liability to suit in other states, the effects of his extra-legal action outside the state of his appointment, and the possibilities of reforming existing laws so as to make feasible a system of single administration of decedents' estates. This analysis is …


Death And Taxes - Maryland Style, H. Vernon Eney Jan 1957

Death And Taxes - Maryland Style, H. Vernon Eney

Maryland Law Review

No abstract provided.


Limitation To General Rule Of Republication By Codicil - Colley V. Britton, David H. Gilbert Jan 1957

Limitation To General Rule Of Republication By Codicil - Colley V. Britton, David H. Gilbert

Maryland Law Review

No abstract provided.


Removal Of Administrator Because Of Conflicting Interests - Talbert V. Reeves, Leroy Handwerger Jan 1957

Removal Of Administrator Because Of Conflicting Interests - Talbert V. Reeves, Leroy Handwerger

Maryland Law Review

No abstract provided.


The Maryland Order Of Abatement Of Legacies And Devises, Russell R. Reno Jan 1957

The Maryland Order Of Abatement Of Legacies And Devises, Russell R. Reno

Maryland Law Review

No abstract provided.


Wills Can Be Made Unbreakable, Ellis V. Rippner Jan 1957

Wills Can Be Made Unbreakable, Ellis V. Rippner

Cleveland State Law Review

So many will contest cases have been filed in the courts in recent years that it almost seems that whenever a will provides for distribution other than in the manner in which the property would descend in the event of intestacy, the probability of a will contest is present. This article will suggest methods by which a client can be given added assurance that his desires will be fulfilled. There are two aspects to consider: first, those methods which we can employ prior to the death of the testator; and second, the precautions we should use in preparing the will.


Decedent's Estate—Right Of Spouse To Elect Against Will, Richard G. Birmingham Jan 1957

Decedent's Estate—Right Of Spouse To Elect Against Will, Richard G. Birmingham

Buffalo Law Review

In re Shupack's Will, 1 N. Y. 2d 482, 136 N. E. 2d 513 (1956), modifying 1 A. D. 2d 841, 149 N. Y. S. 2d 20 (2d Dep't 1956).


Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr. Jan 1957

Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.

Cleveland State Law Review

Ohio's adoption statutes have always been under the close scrutiny of the courts, the legislatures and society. Their main purpose is to promote the welfare of adopted children, as well as to protect them. However, in their zeal to create a close relationship between the child and the adopting parent, the legislatures of several states, including Ohio, have attempted to sever the connection of blood relationship, in favor of the adopting parents. In the process they sometimes have cut off the right of inheritance between the child and the natural parent. A review of several recent cases indicates that this …


Trusts - Jurisdiction - Trustee And Trust Assets Outside Jurisdiction Of Forum, Richard J. Riordan Jan 1957

Trusts - Jurisdiction - Trustee And Trust Assets Outside Jurisdiction Of Forum, Richard J. Riordan

Michigan Law Review

The purpose of this comment is to examine these rationales and determine their validity--first as to testamentary trusts and then as to inter vivos trusts.


Wills - Construction - Conditional Wills, Richard Rosenthal Jan 1957

Wills - Construction - Conditional Wills, Richard Rosenthal

Michigan Law Review

Testator executed a holographic will immediately prior to departing on an intended journey abroad. The will, making a friend and creditor his sole beneficiary, provided, "This is my will if I should die on this my trip to India You are my sol heiress." Although the trip was postponed, it was never abandoned. Testator subsequently repaid a substantial part of his debt to the beneficiary. Soon thereafter, testator died without having made the journey. His will was contested by his widow and brother. On remand to the surrogate's court from the court of appeals, held, the will is conditional …


Wills - Execution - Attestation, Max H. Bergman Jan 1957

Wills - Execution - Attestation, Max H. Bergman

Michigan Law Review

Prospective witnesses to a will saw the testatrix standing in an adjoining room engaged in writing. Soon thereafter, the testatrix asked them to come in and sign a paper. Her name had already been written on the document, and she neither signed it in the witnesses' presence nor in any manner indicated the writing to be her will. The witnesses read enough of the document, however, to know it was a will, before subscribing it in the presence of the testatrix and one another. Three of the testatrix' sons objected to the probate of the will on the ground that …


The Presumption Of Undue Influence Arising From A Confidential Relation Between A Testator And Beneficiary In A Will Contest - Sellers V. Qualls, Bertram M. Goldstein Jan 1957

The Presumption Of Undue Influence Arising From A Confidential Relation Between A Testator And Beneficiary In A Will Contest - Sellers V. Qualls, Bertram M. Goldstein

Maryland Law Review

No abstract provided.


Future Interests--The Rule Against Perpetuities--Contingent Remainder--Class Gifts, Beauchamp E. Brogan Jan 1957

Future Interests--The Rule Against Perpetuities--Contingent Remainder--Class Gifts, Beauchamp E. Brogan

Kentucky Law Journal

No abstract provided.


Wills--Life Estate With Implied Power To Encroach, Leslie W. Morris Ii Jan 1957

Wills--Life Estate With Implied Power To Encroach, Leslie W. Morris Ii

Kentucky Law Journal

No abstract provided.