Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Estates and Trusts (92)
- Constitutional Law (58)
- Property Law and Real Estate (57)
- Torts (55)
- Contracts (54)
-
- Evidence (50)
- Criminal Law (36)
- Jurisdiction (36)
- Bankruptcy Law (34)
- Common Law (33)
- Banking and Finance Law (32)
- Conflict of Laws (32)
- Insurance Law (32)
- State and Local Government Law (32)
- Juvenile Law (31)
- Securities Law (23)
- Law and Society (22)
- Transportation Law (20)
- Tax Law (18)
- Courts (17)
- Labor and Employment Law (15)
- Agency (14)
- Litigation (14)
- Election Law (13)
- Commercial Law (11)
- Comparative and Foreign Law (11)
- Law and Gender (11)
- Legal History (11)
- Keyword
-
- Divorce (55)
- Marriage (44)
- Children (38)
- Families (18)
- Domicile (16)
-
- Parents (16)
- Alimony (15)
- Spouses (15)
- Negligence (11)
- Child custody (9)
- Inheritance (9)
- New York (9)
- Adultery (8)
- Intent (8)
- Wife (8)
- Will (8)
- Adoption (7)
- Child (7)
- Liability (7)
- Child support (6)
- Custody (6)
- Domiciles (6)
- Florida (6)
- Fraud (6)
- Gender and law (6)
- Illegitimate children (6)
- Separation (6)
- Validity (6)
- Women (6)
- Best interests (5)
Articles 181 - 210 of 320
Full-Text Articles in Family Law
Trusts-Right Of Divorced Wife Of Beneficiary Of Spendthrift Trust To Reach The Beneficiary's Interest In The Trust For Alimony And Support For Children, W. Wallace Kent
Trusts-Right Of Divorced Wife Of Beneficiary Of Spendthrift Trust To Reach The Beneficiary's Interest In The Trust For Alimony And Support For Children, W. Wallace Kent
Michigan Law Review
P, divorced wife of D, brought this action for alimony and for support money for her children. The object of the action was to reach the income from a spendthrift trust created for the benefit of D and his present wife and children in the will of D's mother. The will specifically provided that none of the proceeds of the trust were to go to P or her child. Held, the settlor had the right to devise her property in any manner she chose. There is nothing in the statutes or decisions of Wisconsin which forbid …
Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review
Torts - Joint Tortfeasors - Husband And Wife - Torts Between Spouses - Immunity Of Third Persons, Michigan Law Review
Michigan Law Review
Plaintiff sued defendants, including plaintiff's husband, for jointly causing a false charge of adultery to be made against plaintiff in a divorce suit. The defendants' demurrer to the complaint was sustained in the trial court as to each and all of the defendants. Held, that although plaintiff's husband was immune from liability, a cause of action had been made out against all the rest of the defendants, and the judgment in their favor was reversed. Ewald v. Lane, (App. D. C. 1939) 104 F. (2d) 222.
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Michigan Law Review
Plaintiff, a twelve year old boy, was injured in an automobile accident by the admitted negligence of defendant, his sixteen year old sister. Neither child had a separate estate, both were unemancipated, unmarried, and were living at home with their parents. Held, plaintiff could recover. Rozell v. Rozell, 256 App. Div. 61, 8 N .Y. S. (2d) 901 (1939), affd. (N. Y. 1939) 22 N. E. (2d) 254.
Gifts - Marriage And Divorce - Restitution Of Gifts Given In Contemplation Of Marriage, Michigan Law Review
Gifts - Marriage And Divorce - Restitution Of Gifts Given In Contemplation Of Marriage, Michigan Law Review
Michigan Law Review
Plaintiff became engaged to Loretta Burns in 1914 and gave her a diamond ring. This engagement was ended in 1917 and the ring returned. A period of estrangement followed. In 1921, plaintiff gave her a dinner ring, in 1926 a wrist watch, in 1927 an onyx ring, in 1928 a diamond ring. Each gift was given on Christmas Eve. Loretta died in 1935, leaving defendants as heirs and next of kin. Plaintiff filed a suit in replevin and later a declaration in trover and conversion for these gifts. Held, after concluding that the evidence warranted a finding of an …
The Widow's Right Of Election In The Estate Of Her Husband, Elbridge D. Phelps
The Widow's Right Of Election In The Estate Of Her Husband, Elbridge D. Phelps
Michigan Law Review
Reference has already been made to the difficulties arising when the widow has elected to take under the will, and for some reason or other, intestate property also remains to be disposed. Further difficulty arises in those cases where the widow elects to take against the will and yet claims to share in intestate property. Shall her claim be allowed under those circumstances?
The Widow's Right Of Election In The Estate Of Her Husband, Elbridge D. Phelps
The Widow's Right Of Election In The Estate Of Her Husband, Elbridge D. Phelps
Michigan Law Review
Before launching into the discussion proper, and in order to avoid confusion and misunderstanding later on, it is deemed wise at once to mark out boundaries within which it is proposed to confine the treatment of the subject here involved. Accordingly, in that which follows, attention will be centered largely on the necessity for election by a widow under modern statutes which allow her to take against her husband's will, and on the effects of her election or non-election upon her interest in her husband's estate. In so far as a surviving husband has identical rights, they will be adverted …
Parent And Child - Duty Of Mother To Support Child When Father Is Alive, Thomas E. Wilson
Parent And Child - Duty Of Mother To Support Child When Father Is Alive, Thomas E. Wilson
Michigan Law Review
Plaintiff obtained a divorce from defendant, and at the time of the divorce voluntarily undertook to care for and support their twenty-one year old son, who was afflicted with tuberculosis and unable to support himself. The son resided with his mother until his death. She instituted this action against the father to recover for the care and support of the son from the time of the divorce until his death and for funeral expenses, relying upon a statute imposing upon specified classes or relatives of poor persons a duty to maintain them, which statute the plaintiff contended imposed a duty …
Municipal Corporations - Police Power - Regulation Of Auctions, Keith P. Bondurant
Municipal Corporations - Police Power - Regulation Of Auctions, Keith P. Bondurant
Michigan Law Review
A municipal ordinance provided that only licensed auctioneers or owners of the goods, after furnishing bond, could conduct auction sales in the city. It further required the seller to accept the best of two or more bids, required labeling of all articles to be sold, advance published notice of the auction, a display and opportunity for examination before the sale, and the confining of the sale to certain hours of the day. Plaintiff, a corporation occasionally selling furniture by auction at its permanent business location, objected to these restrictions as an arbitrary interference with its conduct of a lawful trade. …
Taxation - Federal Estate Tax - Claims Arising Out Of An Antenuptial Agreement As Deductions From Gross Estate, Charles E. Nadeau
Taxation - Federal Estate Tax - Claims Arising Out Of An Antenuptial Agreement As Deductions From Gross Estate, Charles E. Nadeau
Michigan Law Review
An antenuptial agreement provided that in the event the wife survived her husband she would receive $50,000 in lieu of her dower rights. After his death the executors paid this sum, and then sought to deduct it from the gross estate as a claim against the estate. In affirming the Board of Tax Appeals the court held that marriage and relinquishment of dower were not "an adequate and full consideration in money or money's worth" and hence the claims were not deductible under the Revenue Act of 1926. Empire Trust Co. v. Commissioner of Internal Revenue, (C. C. A. …
Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow
Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow
Michigan Law Review
One of the long accepted differences between the common law and the civil law has been the freedom of testamentary disposition of the former as contrasted with the limitations of the latter. Thus, while the continental testator was limited in the amount of property that he could leave away from the members of his immediate family, the Englishman could cut them all off without a penny. In other common-law countries the same liberty was continued; but recent years have witnessed important departures.
Parent And Child - Effect Of Adoption On Duty Of: Parent To Support Child, Marcus L. Plant
Parent And Child - Effect Of Adoption On Duty Of: Parent To Support Child, Marcus L. Plant
Michigan Law Review
The defendant, father of the child whose support was in question, was-divorced by the plaintiff, mother of the child, in 1927. At that time, with the consent of both parties, the maternal grandparents adopted the child. In 1931 the grandfather died insolvent, and in 1933 the grandmother remarried and left the state. In 1934 the plaintiff adopted the child, and brought suit against the defendant for its support. The court entered an order requiring him to pay ten dollars per week for that purpose. After compliance for several months the defendant stopped payment, and in contempt proceedings protested the validity …
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Michigan Law Review
The Pennsylvania wrongful death statute provides that whenever death shall be occasioned by unlawful violence or negligence and no suit has been brought by the party injured during his or her life, the husband, widow, children, or parents of the deceased shall be entitled to recover for damages for injuries causing the death. Under this statute a father sued to recover damages for the death of his daughter which resulted from an automobile accident caused by the negligence of her husband. Held, the wife's disability to sue her husband for tort is personal; it does not bar recovery of …
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Michigan Law Review
The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.
Trusts - Restraints On Alienation - Ability Of A Divorced Wife To Reach The Corpus Of A Spendthrift Trust For Alimony Claim
Michigan Law Review
Testator placed the residue of his estate in trust, and, after making provision as to one-third of the principal and income for his widow, left the remaining two-thirds to his children, or their children by right of representation, the net annual income to be paid to them in convenient installments for twenty years after his death, the principal share of each to be transferred in four as nearly equal installments as possible at five-year intervals. By a codicil, executed after plaintiff, the wife of one of testator's sons, had announced her intention of securing a divorce, it was provided that …
Attack On Decrees Of Divorce, Albert C. Jacobs
Attack On Decrees Of Divorce, Albert C. Jacobs
Michigan Law Review
Hitherto we have been concerned with the extent to which a decree is impeachable at the suit of one of the so-called "contestants" to the divorce litigation. But other parties, second spouses, children, personal representatives, grantees of a divorced party, and other third persons, may be affected; they may desire to question its efficacy. Are they controlled by the same principles of attack which govern the divorce litigants? Do these third persons all stand in the same position when they seek to assail the decree?
Attack On Decrees Of Divorce, Albert C. Jacobs
Attack On Decrees Of Divorce, Albert C. Jacobs
Michigan Law Review
This paper deals with attacks on decrees of divorce. The attack may arise in the state of the divorce or elsewhere. F-1 is used to designate the state in which the divorce was granted; F-2 a state other than that in which the decree in' question was rendered. The attack in F-1 may be on purely local or non-jurisdictional grounds, such as fraud, collusion, duress or perjury, or upon the ground that the proper jurisdictional requirements were lacking. The attack in F-2 will generally be on jurisdictional grounds, though in certain situations a decree has been impeached for non-jurisdictional factors. …
Evidence-Alienation Of Affections-Wife's Testimony As To Statements Made To Her By Alienated Husband Concerning Defendant
Michigan Law Review
In a suit for alienation of husband's affections, plaintiff testified as to certain statements made by her husband in the absence of the defendant. These statement purported to be repetitions of statements made by the defendant to plaintiff's husband. Defendant objected to the admission of this testimony on the ground that it was hearsay. The court held that the testimony was admissible, not to prove the truth of the facts, words, or conduct embodied in the statements and chargeable to the defendant, but to show the husband's state of mind toward the plaintiff. Richards v. Lorleberg, (App. D. C. …
Taxation-Federal Income Tax-Taxation To Settlor Of Income From Trust Established To Discharge A Legal Obligation
Michigan Law Review
Shortly before the entering of a decree of absolute divorce in favor of his wife, a husband agreed to transfer securities in trust for the wife's benefit in lieu of alimony and all other claims. The divorce decree incorporated the trust agreement. On certiorari to the Circuit Court of Appeals for the Eighth Circuit, which had sustained a tax against the settlor on the income of the trust estate on the ground that it discharged a legal obligation, the Supreme Court of the United States affirmed the judgment. After disposing of the argument that the trust was entirely voluntary since …
Evidence-Privilege-Husband And Wife-Attorney And Client
Evidence-Privilege-Husband And Wife-Attorney And Client
Michigan Law Review
A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?
Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund
Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund
Michigan Law Review
S, guardian for some minor children, used $ 1200 of their money without order of court for the discharge of a mortgage on land belonging equally to himself and the wards. Plaintiff, obtaining a judgment against S, levied on his apparent half-interest in the land and purchased it at the execution sale for the balance due on the judgment. In partition proceedings the wards set up the unauthorized use of their money and claimed a lien for $600 on plaintiff's interest. Held, since the plaintiff gave no consideration except the satisfaction of an antecedent debt, it is …
Legislative Attack On "Heart Balm", Nathan P. Feinsinger
Legislative Attack On "Heart Balm", Nathan P. Feinsinger
Michigan Law Review
Public resentment over the abuses incident to "heart balm" suits has recently culminated in sweeping legislative reform. Through the repeated efforts of a woman legislator, Indiana has abolished actions for seduction of females over twenty-one years of age, for breach of promise to marry, and for criminal conversation and alienation of affections. Almost immediately New York, and shortly thereafter Illinois, passed similar legislation, and at least ten other states are now considering analogous proposals.
Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband
Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband
Michigan Law Review
Plaintiff sued for loss of the opportunity to bear children by her husband resulting from his emasculation caused by defendant's negligence. The court below dismissed the complaint. Held (one judge dissenting), judgment affirmed. Such a cause of action has never been recognized. It cannot be said that the wrong is the proximate cause of the loss because of the many elements of doubt and conjecture in connection with the birth of children. Landwehr v. Barbas, 24I App. Div. 769, 270 N. Y. S. 534 (I934).
Wills - Revocation By Change Of Circumstances
Wills - Revocation By Change Of Circumstances
Michigan Law Review
The testator executed his will providing that a termination of the marriage relation would make the provisions for his wife null and void. Subsequently, they separated, and, in anticipation of a divorce they agreed upon and carried into effect a property settlement providing that the wife should receive certain real estate, stock, and money in consideration of her surrender of all her rights of dower, alimony, and claims of support. A short time thereafter the wife sued for a divorce, but the action was discontinued when, in accordance with the testator's wishes, she went to live with him until his …
Conflict Of Laws - Foreign Marriage - Dower
Conflict Of Laws - Foreign Marriage - Dower
Michigan Law Review
Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …
Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy
Michigan Law Review
An infant sued by his next friend to disaffirm a contract of insurance on his own life, in which his mother and sister were named as beneficiaries, and to recover premiums paid. The insurance company claimed the right to deduct for the protection furnished insured during the continuance of the policy, but there was nothing in the record to show what this protection had cost the company. Held, the Chief Justice dissenting, the insured was entitled to recover the full amount paid. Mutual Life Ins. Co. of New York v. Schiavone, (App. D. C. 1934) 71 F. (2d) …
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Michigan Law Review
The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …
Limitation Of Actions-Husband And Wife-Suspension Of The Statute Of Limitations During Coverture
Limitation Of Actions-Husband And Wife-Suspension Of The Statute Of Limitations During Coverture
Michigan Law Review
Plaintiff sued in equity to recover for services rendered to her deceased husband for a period of six years prior to her marriage to him. Defendant, the executor of decedent, contended that she could not recover the portion of her claim which represented wages earned more than six years before a claim w.as filed with the estate. Held, the statute of limitations does not run on the claim of one spouse. against the other during the continuance of the marital state, irrespective of whether the claim arose before or during coverture. Therefore, plaintiff could now recover for the six …
Actions-Declaratory Judgments-Jurisdiction To Grant
Actions-Declaratory Judgments-Jurisdiction To Grant
Michigan Law Review
A will was duly probated in the county court. By it the plaintiff and defendant were appointed guardians of the testator's minor children. The guardians did not get along together, and could not agree as to how the funds of their wards should be invested. Finally, proceedings were properly brought in the county court to have questions concerning the care of the funds settled. While such proceedings were pending, the plaintiff, evidently not content to have the difficulty settled in this manner, brought an equity suit in the district court against her co-guardian under the Declaratory Judgments Act, in which …
Conflict Of Laws-Foreign Marriage-Dower
Conflict Of Laws-Foreign Marriage-Dower
Michigan Law Review
Plaintiff was divorced a vinculo matrimonii in the District of Columbia on the grounds of her adultery with defendant who was made co-respondent in the suit. A statute of the district provided that the innocent party only may remarry. Plaintiff married defendant in Florida and later secured a divorce a mensa et thoro from defendant in Virginia. On the death of defendant in the District of Columbia, plaintiff claimed a dower interest in his estate. Held, plaintiff cannot recover. Loughran v. Loughran, (App. D. C. 1933) 66 F. (2d) 567.
Evidence - Admissibility Of Blood-Group Test
Evidence - Admissibility Of Blood-Group Test
Michigan Law Review
The old axiom, "blood will tell," has been given a new lease on life by the work of biochemists and hereditists in the last thirty years. At the beginning of the twentieth century a scientist, Karl Landsteiner, working on the means to make blood transfusions safe, discovered that the New Testament saying, the Almighty "hath made of one blood all nations of men," is not true. He found that human blood is divided into four groups, characterized by the possession or non-possession of certain substances in the serum and the corpuscles of the blood. If one puts a little blood …