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Articles 31 - 37 of 37
Full-Text Articles in Estates and Trusts
Support Of The Surviving Spouse And Minor Children In Virginia: Proposed Legislation V. Present Law, J. Rodney Johnson
Support Of The Surviving Spouse And Minor Children In Virginia: Proposed Legislation V. Present Law, J. Rodney Johnson
Law Faculty Publications
This article will examine the various economic needs of the typical family during both the probate and the post-probate periods. The discussion will be presented under three separate headings which, it is hoped, will help to identify the major areas of concern. These three major areas of concern are: (I) a family allowance-to defray the ordinary and necessary expenses associated with the maintenance of a household for the decedent's family during the probate period, (II) a right to exempt property-to insure the continued possession by the decedent's family of those articles of personal property that are indispensable to the maintenance …
The Personal Representative's Power To Sell Realty In Virginia
The Personal Representative's Power To Sell Realty In Virginia
William & Mary Law Review
No abstract provided.
Inheritance Rights Of Children In Virginia, J. Rodney Johnson
Inheritance Rights Of Children In Virginia, J. Rodney Johnson
Law Faculty Publications
The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger problem area without always taking into account the "spin-off' effect that their particular legislation might have on all of the other sections dealing with the succession rights of children, it is not surprising to find that there …
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
Law Faculty Publications
Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia. This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …
Book Review Of Virginia Probate Practice, John Lee Darst
Book Review Of Virginia Probate Practice, John Lee Darst
William & Mary Law Review
No abstract provided.
The Function Of Will Contests, Lewis M. Simes
The Function Of Will Contests, Lewis M. Simes
Michigan Law Review
To anyone steeped in the doctrines of the common law there is something anomalous about the will contest. First, the will is duly admitted to probate in a proceeding which is almost universally conceded to be judicial. Then at a subsequent time a so-called contest is brought by the heir, in which the precise proposition determined on the probate is retried. In most jurisdictions the heir is not bound to make any sort of a showing to entitle him to contest. He need not allege newly discovered evidence. He need not submit any evidence of · fraud or mistake. Indeed, …