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Articles 391 - 399 of 399
Full-Text Articles in Family Law
Trusts And Estates - Relationship By Affinity-Meaning Of The Word "Stepchild" In A Tax Statute, Harold S. Lentz S. Ed.
Trusts And Estates - Relationship By Affinity-Meaning Of The Word "Stepchild" In A Tax Statute, Harold S. Lentz S. Ed.
Michigan Law Review
A widower with two children married Sarah Bordeaux and predeceased her. A child of the marriage died in infancy. The two children were raised by Sarah as if she had been their natural mother. A strong filial relationship developed, and at the death of Sarah in 1949, the bulk of her property passed to the two children by will. The inheritance tax division of the tax commission contended that the relationship by affinity had been terminated and that the children, no longer being "stepchildren," were not entitled to the lower tax rates under Class A of the inheritance tax statute …
Family Partnerships Under The Income Tax, Yale A. Barkan
Family Partnerships Under The Income Tax, Yale A. Barkan
Michigan Law Review
The usual type of family partnership has the taxpayer operating or organizing a business, and giving or selling a portion of that business to his wife or children. The aim of the taxpayer is to divide his income among members of the family group. The profits are thus taxed to two or more individuals, rather than to the taxpayer alone. Recognition of these family partnerships for federal income tax purposes is just one aspect of the family income problem.
Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff
Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff
Michigan Law Review
Plaintiff brought suit in Georgia to enforce a final divorce decree obtained by her husband in Florida. The decree granted plaintiff $30 a week for the support of herself and three minor children placed in her custody. It further provided that if the plaintiff should remarry, the weekly payments should be reduced to $22.50, and that when any child married or reached maturity, the weekly payments should be reduced $7.50 for each such child. Plaintiff sought to recover $30 per week for 129 weeks. Her husband claimed that plaintiff should recover only $7.50 per week for her own support because …
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?
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).
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Michigan Law Review
Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.
Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich
Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich
Articles
Divorce may be considered as the termination of the legal relationship between husband and wife by an act of the law. With the purely local aspect of legal questions regarding divorce, Conflict of Laws is not concerned. If a husband and wife are married and have their home in one state, legal questions concerning their divorce are local matters only. These will include the grounds for divorce, the particular court in which the action is brought, the procedure to be followed from commencement to termination of the action. In such a case it is only when some question concerning the …
Family Courts, Willis B. Perkins
Family Courts, Willis B. Perkins
Michigan Law Review
A great deal has been said, but very little has been authoritatively written upon the subject of Domestic Relations Courts in this country. So far as I know, no such court has yet been successfully established embodying the jurisdiction and powers the advocates of such a court claim it should possess. I am not unaware, however, that courts under the name ef Domestic Relations Courts have been established, notably in New York City and Cincinnati, and that certain Municipal Courts, notably in Chicago, have been given jurisdiction in certain family matters, but none of these courts, as at present organized, …