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Articles 31 - 41 of 41
Full-Text Articles in Estates and Trusts
Taxation - Income Tax - Settlement Of Will Contest As Taxable, Anthony L. Dividio
Taxation - Income Tax - Settlement Of Will Contest As Taxable, Anthony L. Dividio
Michigan Law Review
Taxpayer commenced suit to contest the probate of his grandmother's will, by which she had made nominal bequests to her grandchildren, and had created a charitable trust with the large residue. The parties agreed upon a settlement, as a result of which taxpayer received $141,404.03, all of which the tax commissioner claimed was taxable income. Held, the amount received by taxpayer came to him because he was an heir and did not constitute taxable income. Lyeth v. Hoey, (U. S. 1938) 6 U. S. Law Week 421 (Dec. 6, 1938).
Parent And Child - Effect Of Adoption On Legal Status Of Child, Marcus L. Plant
Parent And Child - Effect Of Adoption On Legal Status Of Child, Marcus L. Plant
Michigan Law Review
In 1933 the appellants adopted the child of the appellees, and the decree declaring them to be the adoptive parents concluded with the words, "With leave to parents to occasionally see the child." The natural parents, who were living apart, filed several petitions in the court to see the child at stated intervals. These petitions were granted. The adoptive parents, in 1936, filed a petition alleging that the repeated visits of the natural father and mother were prejudicially affecting the child's nervous condition, and impairing his health, and praying that the provision under the decree be altered. Upon submission of …
Adoption--Effect Of Informal Adoption In Equity, Charles W. Caldwell
Adoption--Effect Of Informal Adoption In Equity, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
Future Interests-Rule In Shelley's Case
Future Interests-Rule In Shelley's Case
Michigan Law Review
In a recent North Carolina case a trustee under a deed of trust brought suit for specific performance against defendant who was the highest bidder, subject to approval of title, at a public sale of the property. Defendant contended that the trustee could not convey a title in fee since the deed to his grantor was "to R. W. for life with remainder to his bodily heirs by ------ if any," otherwise to another. Held, that defendant must perform his contract since the deed in question gave R. W. a contingent fee tail under the rule in Shelley's case, …
Transfer Of Future Interests, W. Lewis Roberts
Transfer Of Future Interests, W. Lewis Roberts
Michigan Law Review
In considering to what extent future interests are transferable in this country it is proposed to limit the investigation to those future interests known as contingent remainders, executory devises, and defeasible vested remainders. It has not been deemed necessary to consider vested remainders as they have long been treated by the law in much the same way as present estates have been as far as alienation is concerned.
Equity - Power To Rescind Conveyance For Fraud - Survival
Equity - Power To Rescind Conveyance For Fraud - Survival
Michigan Law Review
When a party has been induced by fraud to make a conveyance of real estate, he has a choice of remedies against the defrauding grantee. He may seek restitution of the land or its proceeds in equity or at law on a theory of rescission, or he may affirm the transaction and bring an action for the recovery of damages for the deceit. The actions being logically inconsistent, the granter is not allowed to proceed in both, and must elect whether he will have his property returned to him in specie on his restitution of the price received from the …
Torts - Fraud - Spoliation Of Will
Torts - Fraud - Spoliation Of Will
Michigan Law Review
In a suit in tort for damages, plaintiff alleged that defendant, heir-at-law of the decedent, suppressed a genuine will under which the plaintiff was devisee, and forged and fraudulently probated a will which did not contain the devise to the plaintiff who remained in ignorance of both the fraud and the existence of the genuine will for more than twenty years. The defendant demurred. Held, that the plaintiff has a cause of action in tort. Morton v. Pettit, 38 Ohio App. 348, 176 N.E. 494 (1930), aff'd., (Ohio 1931) 177 N.E. 591.
Parent And Child-Legitimation-Statutory Construction
Parent And Child-Legitimation-Statutory Construction
Michigan Law Review
J W, a resident of Oklahoma, died leaving an estate consisting of property entirely within that state. Plaintiff, an illegitimate child of J W, claimed as heir. Plaintiff was born in Kansas where both her parents were then domiciled. J W while still a resident of Kansas recognized plaintiff as his daughter. Plaintiff claimed that by virtue of this recognition and a Kansas statute allowing illegitimates to inherit from the father whenever he had recognized them as his children, that she had been legitimated in Kansas and was therefore entitled to a share of J W's estate. Held, that …
The Doctrine Of Worthier Title, Fowler V. Harper, Frederick E. Heckel
The Doctrine Of Worthier Title, Fowler V. Harper, Frederick E. Heckel
Articles by Maurer Faculty
No abstract provided.
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.
Implication Of Life Estates, Distributive Construction And Disposition Of Intermediate Income, Albert M. Kales
Implication Of Life Estates, Distributive Construction And Disposition Of Intermediate Income, Albert M. Kales
Michigan Law Review
The Problems Stated. Suppose a testator makes a devise or bequest to take effect after the death of A, without however expressly giving any interest to A. Does A take a life estate by implication? If not, what happens to the income or the rents and profits? Suppose a testator devise Blackacre to A for life and after the death of A said Blackacre together with other property is devised to B. Here three questions at once arise. Does A take a life estate by implication in the property other than Blackacre? If not, then are the words "after the …