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Articles 31 - 42 of 42

Full-Text Articles in Estates and Trusts

Trusts - What Constitutes Revocation When No Method Specified, Dickson M. Saunders Aug 1943

Trusts - What Constitutes Revocation When No Method Specified, Dickson M. Saunders

Michigan Law Review

By trust deed of 1927, settlor conveyed two mortgages {the first for $5,200, and the second for $1,000, both given by Harry E. Hough and wife) to trustees, in trust for herself for life, and providing for certain disposition upon her death. The trust deed was revocable with reserved power in the settlor to convey, release or otherwise dispose of the property. In 1928 the settlor released both mortgages but took in lieu thereof one mortgage for $6,200 from the same mortgagors on the same property. This substitution was effected to accommodate the mortgagors and no money changed hands. The …


Trusts - Honorary Trust - Authority Of A Successor Trustee, Reed T. Phalan Dec 1941

Trusts - Honorary Trust - Authority Of A Successor Trustee, Reed T. Phalan

Michigan Law Review

Paragraph 24 of testatrix' will gave to the executor and trustee, appointed under the will, $10,000 ''to be used by him to place a memorial window, or some other memorials, to cost any sum in his discretion up to the sum of One thousand Dollars, in Christ Church Cathedral, at St. Louis, Mo., and to place monuments and markers in my family subdivision of the Clark and Glasgow plot in the Bellefontaine Cemetery, at St. Louis, Mo." Soon after testatrix' death the trustee died. A successor trustee was appointed and by special order of the court was authorized to administer …


Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston May 1941

Trusts - Rights Of Successive Beneficiaries To Corporate Stock Dividends - Ordinary And Extraordinary Dividends, John C. Johnston

Michigan Law Review

Testatrix died in March, 1935 leaving 5,471 shares of N corporation stock in two trusts with directions that a portion of the income therefrom should be paid to her son during his life with remainder over to another. At the time of testatrix' death the N corporation had a large surplus, and had been paying regular quarterly dividends from current income. From April, 1935 to December, 1937 these quarterly dividends were continued at one dollar per share less than was customary, but because of business conditions they were paid partly from the surplus which had accumulated prior to the death …


Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder Apr 1941

Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder

Michigan Law Review

A glance at any authoritative encyclopedia will confirm the fact that annuity transactions of one sort or another have existed since earliest civilized times. It was not until 1762, however, that the first insurance company of the world was established; at that time began the issuance of annuity contracts similar to our modem contracts. The popularity of such contracts has increased and decreased at various periods in Great Britain. But in the United States, they have assumed importance only since the beginning of this century and have attained a relatively widespread popularity only since the years of prosperity in the …


Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review Apr 1941

Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review

Michigan Law Review

After decedent's wife died, claimants, her mother and sister, at the request of the decedent, broke up their home and came to live with him, to keep house for him and to care for his children. These services continued for ten years, at which time the decedent gave claimants his promissory notes aggregating $2,000. They entered these notes as claims against his estate. Held, the claimants' services, even if rendered gratuitously, were performed at the decedent's request and raised a moral obligation which was sufficient consideration for the notes. In re Schoenkerman's Estate, (Wis. 1940) 294 N. W. …


Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom Mar 1941

Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom

Michigan Law Review

Testator devised properties to trustees to provide his wife and son with an income for life. The will directed that upon the death of the survivor the corpus should be distributed to testator's grandchildren. A later codicil changed the will by providing that the trust principal and undistributed earnings left at the death of the survivor of the life tenants should be payable to the grandchildren when they should reach the age of thirty-five years. No provision was made for the continuance of the trust after the death of the life beneficiaries. Upon the death of the life beneficiaries, an …


Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review Feb 1941

Wills - Legacy To Creditor - Presumption Of Satisfaction Of Debt, Michigan Law Review

Michigan Law Review

Plaintiff, a bank employee and personal friend of the testatrix, rendered to her and her late husband frequent and considerable services in connection with the management of their property. He received no compensation for these services, but both wife and husband indicated that he was to be compensated in the will of the survivor of the couple. There was evidence that the amount of such compensation was to be as much as $12,000. Actually, plaintiff received about $3,000 by the wife's will. It was not indicated in the will whether or not the legacy was intended to satisfy the indebtedness. …


Trusts - Apportionment Of Annual Taxes Between Life Tenant And Remainderman, Charles F. Dugan Nov 1940

Trusts - Apportionment Of Annual Taxes Between Life Tenant And Remainderman, Charles F. Dugan

Michigan Law Review

Annual taxes on real estate in Massachusetts were assessed on January 1 of each year, and were payable on July and October l, The will set up a trust to pay income to the tenant for life, and to pay the principal to the remainderman. The trustees sought to retain sufficient funds out of income to meet the next year's taxes, fearing that the tenant might not live long enough after January 1 to accumulate sufficient income to meet the taxes, and they brought this bill for instructions. The probate court entered a decree sustaining the trustees' contentions. On appeal, …


Gifts - Marriage And Divorce - Restitution Of Gifts Given In Contemplation Of Marriage, Michigan Law Review Dec 1939

Gifts - Marriage And Divorce - Restitution Of Gifts Given In Contemplation Of Marriage, Michigan Law Review

Michigan Law Review

Plaintiff became engaged to Loretta Burns in 1914 and gave her a diamond ring. This engagement was ended in 1917 and the ring returned. A period of estrangement followed. In 1921, plaintiff gave her a dinner ring, in 1926 a wrist watch, in 1927 an onyx ring, in 1928 a diamond ring. Each gift was given on Christmas Eve. Loretta died in 1935, leaving defendants as heirs and next of kin. Plaintiff filed a suit in replevin and later a declaration in trover and conversion for these gifts. Held, after concluding that the evidence warranted a finding of an …


Testamentary Conditions Against Contest, Olin L. Browder Jr. May 1938

Testamentary Conditions Against Contest, Olin L. Browder Jr.

Michigan Law Review

It is the natural desire of any testator that his will be speedily probated after his death and that there be no rancorous bickerings over his estate by his beneficiaries. One might, therefore, expect that no-contest conditions--conditions prescribing forfeiture of any interest under the will if a beneficiary contests probate-would be of common occurrence and that the rules regulating a testator's right to employ them would be well settled. As a matter of fact, conditions of this type have appeared from time to time ever since cases were first reported, but their validity is far from settled; the state of …


Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson Apr 1938

Taxation - Estate Tax - Trust With Reservation Of Life Estate, Wallace Mendelson

Michigan Law Review

In 1923 decedent created an irrevocable trust, reserving to herself the income for life with remainders over. Upon decedent's death, it was held that the corpus of the trust was properly a part of decedent's gross estate for Federal Estate Tax purposes. Helvering v. Bullard, (U. S. 1938) 58 S. Ct. 565.


Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee Jan 1934

Future Interests -Testamentary Trust -Admissibility Of Evidence Of Barrenness Of Devisee

Michigan Law Review

A testator's will devised his residuary estate in trust to his daughter for life, remainder to her lawful issue, in default of which the corpus was to be distributed to certain charities. The daughter died without issue. After her death the trustee brought suit against the United States for refund of taxes paid, both parties agreeing that the sole question for determination was the admissibility of evidence of the removal of the daughter's generative organs to prove that at the time of the testator's death it was impossible for her to bear issue. Held, such evidence was admissible. Provident …