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Articles 271 - 300 of 315
Full-Text Articles in Estates and Trusts
Gift Of A Life Estate With Absolute Power Of Disposal By Deed, James W. Simonton
Gift Of A Life Estate With Absolute Power Of Disposal By Deed, James W. Simonton
West Virginia Law Review
No abstract provided.
Wills-Signature In Superscription-Intention To Adopt Name As Signature
Wills-Signature In Superscription-Intention To Adopt Name As Signature
Indiana Law Journal
Recent Case Notes
Cases On Wills And Administration, By Philip Mechem And Thomas E. Atkinson, Paul L. Sayre
Cases On Wills And Administration, By Philip Mechem And Thomas E. Atkinson, Paul L. Sayre
Indiana Law Journal
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Non-Contesting Clauses In Wills, Sumner Kenner
Non-Contesting Clauses In Wills, Sumner Kenner
Indiana Law Journal
No abstract provided.
Preparation And Construction Of Wills, Paul L. Sayre
Preparation And Construction Of Wills, Paul L. Sayre
Indiana Law Journal
No abstract provided.
The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush
The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush
Michigan Law Review
The Bonorum Possessio, or Praetorian inheritance or succession, is one of the most important, complicated and difficult sections in the study of the Private law of Rome. This subject is not well known to students of Roman law, although so far it has been the object of much research on the part of many German and a few French, scholars.
From What Time Does A Will "Speak"?, Fowler V. Harper
From What Time Does A Will "Speak"?, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Acquisition Of Foreign Domicil And The Doctrine Of Renvoi
Acquisition Of Foreign Domicil And The Doctrine Of Renvoi
Michigan Law Review
A recent English decision has virtually overruled the leading case of In re Johnson, and revived interest in problems raised by application of the much discussed doctrine of renvoi.
Inheritance Problems In The Conflict Of Laws, Herbert F. Goodrich
Inheritance Problems In The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
A man, domiciled in Michigan, dies. He leaves real and personal property in Michigan, and in addition a farm in Ohio, with the usual stock of animals, agricultural implements and other farm property upon it; he leaves a mercantile business in Wisconsin, and shares of stock in several corporations chartered in as many different states. What law or laws will determine the devolution of his estate?
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
Michigan Law Review
A tax upon gifts said to be made "in contemplation of death" as inheritances made its first appearance in our jurisprudence in the New York statute of 1892. Since that time this tax in some form has been laid by all of the states except Alabama, Florida, Georgia, Texas and Vermont. The Revenue Act of 1916 added this tax to the burdens, already heavy, of federal taxation.
Future Interests-Remainder To Surviving Children Vested When
Future Interests-Remainder To Surviving Children Vested When
Michigan Law Review
A tendency to follow legal maxims and trite expressions of the law to their ultimate conclusion may result in a confusion in the law and decisions that must later be reversed, or adhered to although admittedly wrong. In the recent case of Harrison v. Harrison (Ala. 1925) 105 So. 179, the court held that a will devising property to the testator's wife, during her life or widowhood, remainder to testator's then surviving children gave to the children a defeasible vested remainder; that upon the death of one of the children the estate in the other vested absolutely, as no further …
Ethical View Of Testamentary Rights Vs. The California Law, John Burnett
Ethical View Of Testamentary Rights Vs. The California Law, John Burnett
Student Theses
The right to make a will is essentially a property right. The entity with which a will is concerned is the testator's property and there is a very close relation between the right to acquire property when alive and the right to say who will get one 's property when one is gone.
Seeing, therefore, that wills and property are so closely allied, in order to better understand the ethical view of testaments and testamentary rights , it would be well to give a brief resume of the ethical view of property and property rights.
Taxation-Inheritance Tax-Power Of Appointment
Taxation-Inheritance Tax-Power Of Appointment
Michigan Law Review
An inheritance tax in general is a tax on the exercise of a right. It is in the nature of an excise tax. Knowlton v. Moore, 178 U. S. 41. In recent years many states, as well as the federal government, have extended their taxing activities in this field. 4 COOLY, TAXATION, 4th ed. p. 3439. New York passed a statute in 1892 taxing the exercise of a power of appointment. The statute declared that whenever any person exercises a power of appointment, such appointment when made shall be deemed a transfer taxable as though the property belonged absolutely …
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
Washington Law Review
The advantages are apparent that might be gained by a man including in his will the provision that his wife should not take under it unless she should survive him for a period of, say, forty-eight hours. As an example, there is the famous French case of Fair v. Vanderbilt, in which both spouses were killed, the wife surviving the husband fifty-nine seconds, and of which a learned author once remarked, "It was the first time in history that a man and his wife were ever killed while riding together." No provision had been made in contemplation of either co-accidental …
Conflict Of Laws-Testamentary Trusts
Conflict Of Laws-Testamentary Trusts
Michigan Law Review
The rules of conflict of laws are, in many instances, in chaotic condition. Particularly is this true in parts of the law applying to trusts of personal property created by will. When the domicile of the testator, the place of execution of the will, the residence of the trustees, and the trust estate are all in the same jurisdiction, it is evident that the law of that state will control. But when the domiciles of the trustees and the testator differ, or when the trust estate is in a foreign land, we are presented with our specific problem of the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Evidence--Admissibility To Vary The Plain Meaning Of A Word In A Will, H. L. S. Jr.
Evidence--Admissibility To Vary The Plain Meaning Of A Word In A Will, H. L. S. Jr.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Wills--Devise Or Bequest For Life With Power Of Control Or Disposition, W. B. H.
Wills--Devise Or Bequest For Life With Power Of Control Or Disposition, W. B. H.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Gifts--Choses In Action--Delivery, A. W. L.
Gifts--Choses In Action--Delivery, A. W. L.
West Virginia Law Review
No abstract provided.
When Are Deeds Testamentary, Henry W. Ballantine
When Are Deeds Testamentary, Henry W. Ballantine
Michigan Law Review
It is no objection to a deed that it is used as a substitute for a will, to avoid the expense and delay of probate proceedings. The frequent litigation arising over such deeds, however, shows that this expedient is a* dangerous one unless the grantor uses great care to avoid certain snares and pitfalls which the law in its wisdom provides for the unwary. The grantor may attempt to accomplish his purpose either by express provisions embodied in the deed itself, or by external, collateral conditions, preserved by the delivery of the deed to a deposifory. This paper will consider …
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 …
Deeds To Take Effect After Death Of Grantor, Ralph W. Aigler
Deeds To Take Effect After Death Of Grantor, Ralph W. Aigler
Articles
That Instruments in form of wills may be effective as deeds of conveyance is clear. If a present interest is passed and execution is complete (which includes delivery), the instrument must take effect as a deed. On the other hand, If no interest is to vest until or after death of the maker and there has been no complete execution as a deed, the instrument, if operative at all, must take effect as a will. Difficulties arise when there is a fully executed deed, which, however, is to be postponed in its complete operation until the death of the grantor.