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Will

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Institution
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Articles 61 - 74 of 74

Full-Text Articles in Estates and Trusts

Testamentary Disposition To The Trustee Of An Inter Vivos Trust, George E. Palmer Nov 1951

Testamentary Disposition To The Trustee Of An Inter Vivos Trust, George E. Palmer

Michigan Law Review

The problem of this paper is narrow but important in connection with testamentary dispositions. A man establishes an inter vivos trust, in writing, and later attempts by will to add to the corpus of the trust without repeating in the will the terms of the trust. In some instances he thereafter amends the trust with the expectation that the property bequeathed to the trustee will be held in accordance with the amended terms. This is a simple and convenient method of disposing of property at death and most people probably would take for granted that the disposition is effective. Yet …


Specific Performance-Oral Promise To Devise In Consideration Of Personal Services, C. J. Rice May 1950

Specific Performance-Oral Promise To Devise In Consideration Of Personal Services, C. J. Rice

Michigan Law Review

Decedent orally agreed that if plaintiff would render services as housekeeper, practical muse and general business associate, he would devise and bequeath one-half of his estate to her. Decedent died without having made a will, and plaintiff sought specific performance of the agreement. Held, performance of these services did not take the oral contract out of the operation of the statute of frauds because the services were capable of measurement in money, and recovery on a quantum meriut basis was adequate. Snyder v. Warde, 151 Ohio St. 426, 86 N.E. (2d) 489 (1949).


Future Interests-Construction Of "Surviving" In Substitutionary Gift Of Remainder, J. R. Mackenzie S.Ed. Feb 1949

Future Interests-Construction Of "Surviving" In Substitutionary Gift Of Remainder, J. R. Mackenzie S.Ed.

Michigan Law Review

Testator's will provided that his property should go to his wife W for life, then in equal shares to his sister A and his brothers B and C. The language used was appropriate to create vested remainders in A, B and C. The will then provided, "And in case of the death of my said sister or either of my said brothers before the death of my said wife, the share that he or she would have taken shall be divided equally between his or her surviving children, by right of representation." A and B died before testator; …


Partnership -- Uniform Partnership Act--Right Of Surviving Partner To Purchase Partnership Property, Melvin J. Spencer Jan 1949

Partnership -- Uniform Partnership Act--Right Of Surviving Partner To Purchase Partnership Property, Melvin J. Spencer

Michigan Law Review

Defendants, administrators of the estate of the deceased partner, agreed with the surviving partner to continue the partnership hotel business, with the approval of the probate court. After some operation, the surviving partner sued to compel the administrators to sell him the interest of the deceased at a value to be judicially determined. Defendants cross-complained, asking the court to liquidate the business and award them the amount of the interest of the deceased in the proceeds. Held, reversing the decree below, the assets of the dissolved partnership should be liquidated, in accord with defendants' prayer. Zach v. Schulman, …


Inter Vivos Transfers In Violation Of The Rights Of Surviving Spouses, Melvin J. Sykes Jan 1949

Inter Vivos Transfers In Violation Of The Rights Of Surviving Spouses, Melvin J. Sykes

Maryland Law Review

No abstract provided.


Fiduciary Administration -- Deviation From Terms Of Trust--Invasion Of Principal For Benefit Of Life Tenant, W. Stirling Maxwell S.Ed. Jan 1949

Fiduciary Administration -- Deviation From Terms Of Trust--Invasion Of Principal For Benefit Of Life Tenant, W. Stirling Maxwell S.Ed.

Michigan Law Review

By a will executed in 1932 testator, who died in 1944, made outright bequests of $2,500 and his personal goods to his widow and $5,000 to each of his sons. He then devised the residue of his estate to trustees to pay the income to his widow for life and, upon her death, to distribute the corpus to his then living issue in equal shares by right of representation, and, in default of such issue, to those who would take if he had died intestate when his widow died. The will gave the trustees broad investment and management powers but …


Powers-General Testamentary Power:-Ineffective Appointment- Devolution Of Appointive Property, Richard L. Eckhart S.Ed. Nov 1948

Powers-General Testamentary Power:-Ineffective Appointment- Devolution Of Appointive Property, Richard L. Eckhart S.Ed.

Michigan Law Review

In the usual case, the question of the devolution of property subject to a general testamentary power where the appointment is ineffective arises in a contest between those representing the estate of the donee on the one hand and those representing the estate of the donor, including the takers in default, on the other. The historical concept that the devolution of appointive property is from the donor to the appointee competes with the modern concept that the donee's interest in the property is, for many purposes, close to absolute ownership.


Premature Closing Of A Class Upon Death Of A Member - Sale Deposit & Trust Co. V. Forbes Jan 1941

Premature Closing Of A Class Upon Death Of A Member - Sale Deposit & Trust Co. V. Forbes

Maryland Law Review

No abstract provided.


Admissibility Of Foreign Will To Probate - In Re Will Of Pritchard Jan 1941

Admissibility Of Foreign Will To Probate - In Re Will Of Pritchard

Maryland Law Review

No abstract provided.


Revival By Revocation Of A Later Instrument--Effect Of A Revocatory Clause, Palmer L. Hall Jan 1940

Revival By Revocation Of A Later Instrument--Effect Of A Revocatory Clause, Palmer L. Hall

Kentucky Law Journal

No abstract provided.


Rights Of Creditors Under A Testamentary General Power Of Appointment - Wyeth V. Safe Deposit & Trust Co. Of Baltimore Jan 1940

Rights Of Creditors Under A Testamentary General Power Of Appointment - Wyeth V. Safe Deposit & Trust Co. Of Baltimore

Maryland Law Review

No abstract provided.


Surviving Spouse's Statutory Share - Legislative Change - Marriott V. Marriott, Et Al. Jan 1939

Surviving Spouse's Statutory Share - Legislative Change - Marriott V. Marriott, Et Al.

Maryland Law Review

No abstract provided.


Exercise Of A General Power Of Appointment Without Specific Reference To The Power - Merwin V. Sale Deposit & Trust Co. Of Baltimore Jan 1938

Exercise Of A General Power Of Appointment Without Specific Reference To The Power - Merwin V. Sale Deposit & Trust Co. Of Baltimore

Maryland Law Review

No abstract provided.


Revocation Of A Will By Birth Of A Child, William Lentz Jan 1936

Revocation Of A Will By Birth Of A Child, William Lentz

Maryland Law Review

No abstract provided.