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Full-Text Articles in Estates and Trusts

Book Reviews Dec 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Acquisition Of Foreign Domicil And The Doctrine Of Renvoi Dec 1926

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.


Book Reviews Nov 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


The Necessity Of Delivery In Making Gifts, W. Lewis Roberts Jun 1926

The Necessity Of Delivery In Making Gifts, W. Lewis Roberts

West Virginia Law Review

No abstract provided.


Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly Jun 1926

Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly

Michigan Law Review

There are in the reports a surprising number of cases in which it is alleged that the owner of property has bound himself by contract to devise or bequeath that property to another. These promises have been made upon almost every imaginable consideration, but in the typical case the consideration is personal services rendered to the promiser during his declining years. Since these promises are so common, one concludes that this kind of contract must appeal to many persons as advantageous. There is little doubt that it of ten does enable one to secure attention of a sort he could …


Gratuitous Partial Assignment Of General Legacy Jun 1926

Gratuitous Partial Assignment Of General Legacy

Michigan Law Review

A recent decision of the United States Circuit Court of Appeals is notable for its dogmatic pronouncements upon two highly important questions, neither of which is very clearly illuminated by the authorities. Moreover, the case commands interest because of the large amount of money at stake, the wealth and prominence of the litigants, and the exhaustive briefs submitted by eminent counsel.


Doctrine Of Constructive Trusts Where The Grantee Refuses To Carry Out An Oral Trust Although He Solicited The Conveyance And Stood In A Confidential Relation To The Grantor, Paul L. Sayre May 1926

Doctrine Of Constructive Trusts Where The Grantee Refuses To Carry Out An Oral Trust Although He Solicited The Conveyance And Stood In A Confidential Relation To The Grantor, Paul L. Sayre

Indiana Law Journal

No abstract provided.


Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will May 1926

Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will

Michigan Law Review

There are, perhaps, very few matters upon which ordinary men are more reticent than the testimentary disposition of their property. The testator, having made his will, often practices the utmost secrecy regarding it, evading questions and, sometimes, even violating the truth in order to preserve peace among his kinsmen until he is gone. And yet, when proceedings are brought for the purpose of contesting the will, we often find the courts admitting in evidence statements made by the testator before or after the making of the will. In a recent California case, in response to the objection that the alleged …


Inheritance Problems In The Conflict Of Laws, Herbert F. Goodrich Apr 1926

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?


Taxation-Bonds-Inheritance Tax Apr 1926

Taxation-Bonds-Inheritance Tax

Michigan Law Review

Albert, Prince de Monaco, died possessed of bonds in two Utah railway corporations, which had been purchased and were payable at the New York office of the companies. He was a citizen and resident of France and the bonds had never been within the territorial confines of the state of Utah. The bonds were secured by a trust mortgage on all of the property of the respective corporations, only a fraction of which was within Utah. The state of Utah levied an inheritance tax on these bonds which was paid under protest, the present action being to recover back the …


"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans Mar 1926

"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.


Recent Important Decisions Mar 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner Feb 1926

Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner

Washington Law Review

No abstract provided.


Trusts--Appointment And Control Of Non-Resident Trustees Feb 1926

Trusts--Appointment And Control Of Non-Resident Trustees

Michigan Law Review

Questions involving the appointment and control of non-resident trustees who administer local trusts have been the subject of consideration in two recent interesting cases. In Price v. United Hebrew Charities, (N. J. 1925) 129 Atl. 712, the court appointed a New York corporation to administer a charitable trust in New Jersey, on the nomination of the testator; while in Bank of New York v. Tilton, (N. H. 1925) 129 Atl. 492, the court refused to appoint a New York corporation to administer a local trust, though the testator had nominated that corporation. The ground for refusing the appointment …


Future Interests-Remainder To Surviving Children Vested When Feb 1926

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 Jan 1926

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.


Trusts-When Agent May Purchase Or Lease For Himself Jan 1926

Trusts-When Agent May Purchase Or Lease For Himself

Michigan Law Review

A recent Michigan case has suggested the question: When and under what circumstances may an agent or other fiduciary purchase or lease property for himself, and when will he be decreed a trustee thereof? In this case A owned real estate in Detroit. P and his partners, subtenants, made an offer for a long term lease through D, who appears to have been a special agent with the sole duty of presenting the offer. It was rejected, finally and absolutely, without fraud or collusion on the part of D. Almost immediately D made an offer on his own behalf which …


Some Problems In The Execution Of Wills, Harlan Hobart Grooms Jan 1926

Some Problems In The Execution Of Wills, Harlan Hobart Grooms

Kentucky Law Journal

No abstract provided.


The Procedural Status In West Virginia Of A Trustee In A Deed Of Trust To Secure A Debt, L. C. Dec 1925

The Procedural Status In West Virginia Of A Trustee In A Deed Of Trust To Secure A Debt, L. C.

West Virginia Law Review

No abstract provided.


Taxation-Inheritance Tax-Power Of Appointment Dec 1925

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 …


Wills--Admissibility Of Parole Evidence To Show Mistake Of Scrivner Dec 1925

Wills--Admissibility Of Parole Evidence To Show Mistake Of Scrivner

Michigan Law Review

Perhaps very few legal questions have given rise to more controversy than that of the admissibility of parol evidence to show the intent of a testator. An interesting phase of the general question was presented to the supreme court of errors of Connecticut in the recent case of Stearns v. Stearns, (Conn. 1925) 130 Atl. 112. Parol evidence was offered to show that the testatrix intended to devise and bequeath all the residue and remainder of her estate to her husband and that instructions were so given to the scrivener but he failed to draft the will in accordance …


Recent Important Decisions Dec 1925

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Inheritance Taxatlon Nov 1925

Inheritance Taxatlon

Michigan Law Review

The recent decision of the Supreme Court of the United States in Frick v. Pennsylvania, (June 1925) Adv. Ops. 122, 123, 124, 125, is of vital importance in the field of inheritance taxation. The facts as far as material to the present discussion are these: one Henry C. Frick, domiciled in Pennsylvania, died testate in 1919 leaving a large estate, consisting, among other things, of certain tangible personalty permanently located in New York and other tangible personalty located in Massachusetts and stock in various corporations chartered by states other than Pennsylvania. This property was all included in the clear …


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 Oct 1925

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 …


The Russian Reinsurance Case, Edwin D. Dickinson Oct 1925

The Russian Reinsurance Case, Edwin D. Dickinson

Articles

Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …


The Washington Statute On Nuncupative Wills, Edward Starin Jun 1925

The Washington Statute On Nuncupative Wills, Edward Starin

Washington Law Review

In the old days of our common law, when the art of writing was limited to but a comparative few, the idea of a nuncupative or oral will gained a fairly firm footing. But with the spread of the ability to write, such wills came to be looked upon with disfavor owing to the opportunities presented for fraud and perjury Hence as early as the reign of Henry VIII. important restrictions were imposed on the right and power to make a nuncupative will. Contemporary legal writers expressed the idea that such a will could be made only when the testator …


Recent Important Decisions May 1925

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


The Equitable Conversion Fiction As A Basis For Inheritance Taxation Apr 1925

The Equitable Conversion Fiction As A Basis For Inheritance Taxation

Michigan Law Review

No one would dispute the jurisdiction of the state where land is situated to impose an inheritance tax upon its transfer at the death of the owner. Callahan v. Woodbridge, 171 Mass. 595, 51 N. E. 176; Matter of Majot, 199 N. Y. 29, 92 N. E. 402, Chamberlain's Estate, 257 Pa. 113,101 Atl. 314. Equally clear is the converse proposition: that no other state except the state where the land lies can impose such a tax. Succession of Westfeldt, 122 La. 836, 48 So. 281; In re Rust's Estate, 213 Mich. 138, 182 N. W. …


Conflict Of Laws-Testamentary Trusts Feb 1925

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 …


Book Reviews Feb 1925

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.