Estates and Trusts Commons^™

Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye

Michigan Legal Studies Series

The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.

Construction Of Private Instruments Where Adopted Children Are Concerned: Ii, J. Wesley Oler

Michigan Law Review

Thus far in the discussion the attempt has been to consider a number of common terms of general designation, such as "children," "issue," and "heirs," detached from other language with which they may be found and disassociated from the circumstances under which they may be used, with a view to estimating their intrinsic significance in resolving questions as to the effect of adoption upon the identification of persons designated by them. The examination from this point: of view could lead to the deduction that in themselves the particular terms of designation furnished varying degrees of assistance to the interpreter of …

Abstracts, Katharine Loomis

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Construction Of Private Instrument's Where Adopted Children Are Concerned: I, J. Wesley Oler

Michigan Law Review

The institution of adoption is of ancient tradition, knowing primitive origin and tracing its history through many civilizations. Today its universality still bespeaks the human needs from which it springs.

Recent growth of statutory reforms, procedural and substantive, in our adoption system reflects the increasing social interest of the state in this field. Procedurally, extensive strides have been made to safeguard those directly concerned in adoption, and through them to protect the public in general. Substantively the lagging but nonetheless noticeable trend is toward complete legal equivalence between relationship by adoption and relationship by blood. At present, however, such equivalence …

Wills-Necessity Of Signature-Statutory Requirements Satisfied By Typewritten Name, Craig E. Davids S.Ed.

Michigan Law Review

Testatrix, having predeceased her husband by three hours, was believed to have died intestate, and her property passed to her husband's estate. Appellee, mother of testatrix, filed a claim against the estate for money owed by her daughter and son-in-law. A year after her claim had been settled by appellants, appellee filed for probate testatrix's will, in which appellee was named the sole legatee. The signature affixed to the instrument was not in the handwriting of testatrix but consisted only of her typewritten name, which testatrix had acknowledged as her signature before two witnesses on separate occasions. The lower court …

The Organization Of The Probate Court In America: I, Lewis M. Simes, Paul E. Basye

Michigan Law Review

This is a study of contemporary American legislation concerning probate courts, with particular reference to their jurisdiction over the probate of wills and the administration of estates of deceased persons.

By the term "probate courts" is meant all judicial tribunals which exercise such jurisdiction. As will subsequently appear, they are otherwise variously designated as surrogates' courts, orphans' courts, prerogative courts, courts of ordinary and county courts. In one state all the functions of probate and administration are exercised by courts of chancery. In other states, chancery has concurrent jurisdiction over many of these functions. Sometimes the register of probate exercises …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Abstracts, Benjamin M. Quigg, Jr.

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Remainders "From And After" Life Estates In Maryland, Edward G. Howard

Maryland Law Review

No abstract provided.

The Development Of The Massachusetts Probate System, Thomas E. Atkinson

Michigan Law Review

American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Future Interests - Charities - Validity Of Accumulation For Charity When Impracticable To Accumulate Desired Amount, Hobart Taylor, Jr.

Michigan Law Review

An executor petitioned for instructions under a will which devised the residuary estate to trustees to be accumulated in trust until sufficient to purchase a farm upon which a home for the aged and indigent would be established. The trustees waived all interest in the fund, which amounted to less than two hundred dollars. Held, there is no reasonable prospect of the accumulation becoming sufficient to establish the charity, or to maintain it if it should be established. The contingencies are thus so remote that the trust fails for impracticality. Green v. Parker, (N.H. 1943) 32 A. (2d) …

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Wills--Construction--"Share" Construed As Remainder, H. P. B. Jr., H. L. W. Jr.

West Virginia Law Review

No abstract provided.

Wills--Class Gifts--Determination Of Members Of Class, L. R. M.

West Virginia Law Review

No abstract provided.

Wills--Mutual Wills Of Husband And Wife--Intent Of Survivor, A. A. A.

West Virginia Law Review

No abstract provided.

Life Estate With A Limited Power Of Disposition

Indiana Law Journal

Notes and Comments: Property and Estates

Wills And Administration--Abatement Of Legacies--Intent Of Testator, J. S. M.

West Virginia Law Review

No abstract provided.

The Rule Against Perpetuities And The Indiana Perpetuities Statute, W. Barton Leach

Indiana Law Journal

This is the second of two lectures given by Professor Leach at the State Bar Association Institute, held at Indianapolis, January 12, 1940. The subject-matter of the first lecture may be found in an article by Professor Leach on "Powers of Appointment," 24 A. B. A. Jl. 807.

Undue Influence As Affecting Wills In West Virginia, C. E. G.

West Virginia Law Review

No abstract provided.

Cases And Text On The Law Of Wills, C. C. Williams

West Virginia Law Review

No abstract provided.

Wills--Construction--After-Acquired Property, J. S. M.

West Virginia Law Review

No abstract provided.

Substitutionary Rule-Future Interests-Life Estate With Gift Over On Death Without Issue

Indiana Law Journal

No abstract provided.

Wills--Construction Of Contingent Limitation--"Or" Construed To Mean "And", J. C. A.

West Virginia Law Review

No abstract provided.

Wills-Power Of Appointment-Exercise Of The Power

Indiana Law Journal

No abstract provided.

Powers - Liability Of Appointed Property For Debts Of Donee - Validity Of Attempted Restriction Of Liability By The Donor, Ward P. Allen

Michigan Law Review

By the terms of the donor's will a spendthrift trust was set up for her three grandchildren for life, giving them a general testamentary power of appointment over that portion of the corpus from which their share of the income had been derived, "but in no event shall any part of said trust funds be liable for, or be paid or appropriated to or for any debts or liabilities of such grandchildren . . . . " There was a gift over to the issue of the donees in default of appointment. By will one of the donees exercised the …

Legal Institute, Michigan Law Review

Michigan Law Review

A legal institute for practicing lawyers will be held at the Law School of the University of Michigan on June 22 to 24. The student dormitories in the classic Law Quadrangle will be open to those attending the Institute. Subjects to be discussed will include Taxation, Labor Law, and Wills and Trusts. Members of the law faculty and several practicing lawyers specializing in the topics to be considered will be the lecturers.

Wills--Intent Of Testator--"Grandchildren" As Including Children Of Illegitimate Son, A. L. B.

West Virginia Law Review

No abstract provided.

The Doctrine Of Worthier Title As Applied In Maryland (Herein Of The Revocability Of Certain Trusts), Russell R. Reno

Maryland Law Review

No abstract provided.

Wills--Attestation In The Presence Of The Testator, Steve White

Kentucky Law Journal

No abstract provided.