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Articles 31 - 47 of 47
Full-Text Articles in Estates and Trusts
Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine
Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine
Villanova Law Review (1956 - )
No abstract provided.
Richard Vance Wellman, Thomas L. Jones
Richard Vance Wellman, Thomas L. Jones
Georgia Law Review
I first met Richard "Dick"Vance Wellman when I was a graduate law student at The University of Michigan. As it turned out, Dick and I taught almost the same courses in our law schools. Perhaps I knew Dick best, however, as a Commissioner on Uniform State Laws.' The Model Probate Code (MPC) was promulgated in 1946 with Professor Lewis Simes, of The University of Michigan, as its Chief Reporter. As its name suggests, the Model Probate Code was intended to be a collection of probate statutes from which the respective states might pick and choose a well-drafted provision on a …
Care And Maintenance Of Our Legal System: Richard V. Wellman-Academic Lawyer, Eugene F. Scoles
Care And Maintenance Of Our Legal System: Richard V. Wellman-Academic Lawyer, Eugene F. Scoles
Georgia Law Review
Nearly all human beings share an interest to seek peaceful resolution of differences that interrupt what they consider to be the reasonable conduct of their affairs. In our form of government, the legal system reflects and reinforces this basic conception. Our society employs the legal system to avoid or remedy disruptive confrontations that occur among us. One of the important functions performed by the legal profession, or lawyers, is the maintenance and improvement of our legal system in its impact on all of us. Under our shared view of a society governed by law, the legal system touches all activities …
A Brief Comment On Trust Protectors, Jeffrey E. Stake
A Brief Comment On Trust Protectors, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin
Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin
Richmond Public Interest Law Review
In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), J. Rodney Johnson
Law Faculty Publications
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2006 Session. In addition, there were six opinions from the Supreme Court of Virginia during the period covered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.
Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur
Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur
Publications
The 2006 Colorado General Assembly passed legislation adopting a 1000-year limitation applicable to interests in trust, practically eliminating the Rule Against Perpetuities ("RAP"). This article discusses the legislation's impact on the RAP in trust and non-trust situations.
Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason
Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason
Faculty Articles
The concept of using legal structures to protect property from those who might otherwise have some claim to it is an idea with deep roots. The trust device is one such legal structure, and its evolution as an asset protection device has not been without controversy. The recent and noticeable break with the traditional denial of self-settled trust protections is one such area of modern controversy, but not the only notable recent development. The self-setted asset protection trust movement is accompanied by the recent completion of two major law reform projects. The drafting and recommendation for state adoption of a …
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander
Georgia Law Review
As others in this symposium have stated, Richard V. Wellman devoted his professional life to promoting legislation to make the law of estates and trusts responsive to the needs of a state's citizenry. As he saw it, his goal to make the law of donative transfers simpler, fairer, and less expensive depended upon new legislative proposals accompanied by a range of strategies to educate the bar and policymakers about them. Over the years, Dick's faith in statutory lawmaking only grew, because estate planning experts and legislators lauded the benefits achieved through enactment of the uniform laws he either drafted or …
Richard Wellman And The Reform Of American Probate Law, John H. Langbein
Richard Wellman And The Reform Of American Probate Law, John H. Langbein
Georgia Law Review
Richard Wellman was a national treasure. He was our most knowledgeable and influential authority on probate procedure, that is, on the processes for administering decedents' estates. By the middle decades of the twentieth century, when Wellman's career took shape, many American probate courts were a disgrace. Their rules, mostly embodied in state statutes, required court supervision of the most routine steps in the work of winding up the estate, paying the creditors, and transferring the remaining property to the heirs or devisees. Lawyers, probate judges, and court functionaries prospered doing makework at the expense of widows and orphans and charities. …
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Akron Law Faculty Publications
If a beneficiary of a spendthrift trust has a right to withdraw property from the trust, may the beneficiary’s creditors reach the assets subject to the withdrawal power? That was the principle question recently addressed by the 1st District Court of Appeals in Great American Insurance Company v. Thompson Trust. Also of interest: the case may have involved an offset by the trustee of amounts distributable to the beneficiary to repay amounts owed by the beneficiary to the trust.
The Missing Piece: The Forgotten Role Of Testator Intent In The Application Of The Doctrine Of Dependent Relative Revocation In Oklahoma, Julia E. Swenton
The Missing Piece: The Forgotten Role Of Testator Intent In The Application Of The Doctrine Of Dependent Relative Revocation In Oklahoma, Julia E. Swenton
Oklahoma Law Review
No abstract provided.
Unique Property: A Supplemental Annotated Bibliography, Nancy Levit
Unique Property: A Supplemental Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles and supplemental A.L.R. entries published after 2002. For literature published from 1997-2002, see Nancy Levit & Robert RM. Verchick, Unique Property: An Annotated Bibliography, 18 J. Am. Acad. Matrim. Law. 589 (2004). A.L.R. entries, the titles of which are usually self-explanatory, are cited, but not annotated. Similarly, articles that concern only a single case or a single state are cited, but not annotated.
Dick Wellman-A Personal Remembrance, Lawrence W. Waggoner
Dick Wellman-A Personal Remembrance, Lawrence W. Waggoner
Georgia Law Review
Dick Wellman was my teacher, mentor, collaborator, colleague, and friend. My law school class at The University of Michigan Law School voted Dick the most enthusiastic member of the faculty, and he was that. Dick devoted his professional life to teaching and scholarship, as most law professors do, but he had another career: Dick was a key player in the Uniform Law Conference,' an organization dedicated to improving private law and promoting legislative uniformity among the states. Through his uniform law work, Dick literally changed the legal landscape in the area of trusts and estates. His path breaking work as …
Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin
Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin
Richmond Journal of Law and the Public Interest
In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?
Dick Wellman -- A Personal Remembrance, Lawrence W. Waggoner
Dick Wellman -- A Personal Remembrance, Lawrence W. Waggoner
Articles
Dick Wellman was my teacher, mentor, collaborator, colleague, and friend. My law school class at The University of Michigan Law School voted Dick the most enthusiastic member of the faculty, and he was that. Dick devoted his professional life to teaching and scholarship, as most law professors do, but he had another career: Dick was a key player in the Uniform Law Conference,' an organization dedicated to improving private law and promoting legislative uniformity among the states.2
Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown
Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown
University of Richmond Law Review
Every state has an intestate succession statute that prescribes how the property of those who die without a will should be distributed. Every state also by statute authorizes the government to intervene in the parent-child relationship in the most draconian manner possible by involuntarily terminating parental rights. This article explores how the law functions at the intersection of these two statutory schemes-the inheritance regime, as expressed through intestate succession statutes, and the child welfare regime, as expressed through termination of parental rights statutes ("TPR statutes").