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Articles 151 - 172 of 172
Full-Text Articles in Estates and Trusts
Specific Performance--Forcing Release Of Inchoate Dower Under Statutory Scheme, Kingsley R. Smith
Specific Performance--Forcing Release Of Inchoate Dower Under Statutory Scheme, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Banks And Banking--Insolvency--Preference Against Trust Company Executor For Funds On Deposit At Testator's Death, George W. Mcquain
Banks And Banking--Insolvency--Preference Against Trust Company Executor For Funds On Deposit At Testator's Death, George W. Mcquain
West Virginia Law Review
No abstract provided.
Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell
Contribution--Where One Joint Principal Pays Tort Judgement Against Agent, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
Cases On The Administration Of Insolvent Estates, Raymon T. Johnson
Cases On The Administration Of Insolvent Estates, Raymon T. Johnson
West Virginia Law Review
No abstract provided.
Insane Persons--Receivers, Donald F. Black
Insane Persons--Receivers, Donald F. Black
West Virginia Law Review
No abstract provided.
Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton
Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton
West Virginia Law Review
No abstract provided.
Executors And Administrators--Right Of Consolidated Bank To Qualify As Executor, Bernard Sclove
Executors And Administrators--Right Of Consolidated Bank To Qualify As Executor, Bernard Sclove
West Virginia Law Review
No abstract provided.
Trusts--Effect Of The Statute Of Frauds, H. G. Muntzing
Trusts--Effect Of The Statute Of Frauds, H. G. Muntzing
West Virginia Law Review
No abstract provided.
Treatise On The Law Of Wills, Paul L. Sayre
Deeds--Consideration Of Support--Rescission, R. M. M.
Deeds--Consideration Of Support--Rescission, R. M. M.
West Virginia Law Review
No abstract provided.
Perpetuity Statutes, Edwin C. Goddard
Perpetuity Statutes, Edwin C. Goddard
Articles
THE common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …
Certainty Requisite In Deeds As To Parties Grantee, Frederick L. Lemley
Certainty Requisite In Deeds As To Parties Grantee, Frederick L. Lemley
West Virginia Law Review
No abstract provided.
The Rule In Shelley's Case In West Virginia, James W. Simonton
The Rule In Shelley's Case In West Virginia, James W. Simonton
West Virginia Law Review
No abstract provided.
Mutual Wills, Edwin C. Goddard
Mutual Wills, Edwin C. Goddard
Articles
SO LATE as 1822 Sir John Nicholl is reported to have said in Hobson v. Blackburn, that a mutual, or conjoint will is an instrument "unknown to the testamentary law of this country; or, in other words, that it is upknown, as a will, to the law of this country at all. It may, for aught that I know, be valid as a compact." In Darlington v. "Pulteney, Lord MANSFIELD said, "there cannot be a joint will." Following these distinguished and learned judges, Jarman and Williams in their classical treatises accepted the statement of Sir John, and some early American …
No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.
No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.
West Virginia Law Review
No abstract provided.
Substitutional Gifts To Classes, John R. Rood
Substitutional Gifts To Classes, John R. Rood
Articles
In some recent cases we have fresh reminder of the futility of Sir William Grant's distinction between original and substitutional gifts, a rule over which courts have quarreled and disagreed ever since it was promulgated, and which never was applied to the exclusion of anyone without disappointing the wish of the testator. In speaking of this rule in Re Hickey, [1917], 1 Ch. D. 601, 604, Neville, J., says: "The alleged principle seems to be that the meaning of the word 'substitute' involves the idea of replacing one thing by another. One cannot 'substitute' something for nothing. The proposition appears …
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
Articles
The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.
What Words Create A Power?, John R. Rood
What Words Create A Power?, John R. Rood
Articles
As the right to sell may exist either as a result of ownership, or by virtue of a power without or independent of ownership, it is sometimes a question whether words indicating a right to sell, contained in an instrument granting an estate, are intended to give a power, or are merely descriptive of the rights incident to the estate given. When property is devised without any designation of the estate given, and the devise is followed by words indicating that the devisee is to have the right of absolute disposal in fee, or to sell in fee, it has …
How To Beat The Rule Against Perpetuities, John R. Rood
How To Beat The Rule Against Perpetuities, John R. Rood
Articles
Many people seem to think that the lawyer's problem is not so much to know what the law is as to know how to get all they want while obeying the law to the letter. In the case of perpetuities the history of nearly a thousand years of our law shows an almost unbroken series of disastrous failures of the best-laid schemes to violate the public policy of freedom of alienation.
The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau
The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau
St. Mary's Law Journal
Providing for probate court jurisdiction to accommodate all types of probate issues would lead to a more efficient probate system in terms of cost, time, and judicial economy. However, the constitutional and statutory constraints establish serious limits on probate jurisdiction. The 1973 legislature adopted a major revision to section 5 of the Probate Code to simplify and clarify probate jurisdiction by reorganizing the probate court system. In the four subsequent revisions to section 5 of the Probate Code, the issue of whether to distinguish the phrases “appertaining to an estate” and “incident to an estate” arose. These subsequent amendments continued …
The Income Distribution Deduction Of Trusts And Estates, Ljubomir Nacev
The Income Distribution Deduction Of Trusts And Estates, Ljubomir Nacev
Oklahoma Law Review
No abstract provided.
Another Virginian Law Book, Lucian Minor