Family Law Commons^™

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …

Conflict Of Laws-Domicile Of Child Living With Mother, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, husband and wife, were domiciled in New York. Because of temporary unemployment, plaintiff took his wife and minor child to Connecticut. He later returned to New York and resided in the apartment the family had formerly occupied. The wife and child did not return to New York, and the court found that she had at all times intended to remain in Connecticut and establish a domicile there. Plaintiff at all times intended to make New York his permanent residence. When defendant would not return to New York, plaintiff brought action for separation in a New York court, …

Illegal Conditions And Limitations: Effect Of Illegality, Olin L. Browder, Jr

Michigan Law Review

IN earlier articles the writer undertook to explore that miscellaneous and somewhat neglected field of law in which public policy is held to nullify the efforts of persons to impose certain types of conditions and limitations on dispositions of their property.' Such provisions most commonly take the form either of conditions subsequent or executory limitations, but occasionally appear as conditions precedent or special limitations. Unlike provisions which run afoul of the rule against perpetuities or the rules against restraints on alienation, the provisions in question usually prescribe conduct on the part of beneficiaries which is not directly related to the …

Conflict Of Laws-Jurisdictional Basis For Awarding Custody Of Minor Child, Charles E. Becraft S. Ed.

Michigan Law Review

Plaintiff and his wife, domiciliaries of California, separated June 3, 1946. On Oct. 25, 1946, the wife took the minor child of the marriage to Nevada where she commenced proceedings to obtain a divorce. On Feb. 4, 1947, a final decree awarded her a divorce and custody of the child. She remarried and moved to Utah where she and the child have lived ever since. On Jan. 2, 1947, the plaintiff filed a petition in California asking for a divorce and custody of the child. On July 8, 1947, plaintiff applied for an order pendente lite to award him custody …

Taxation-Income Tax-Deductions For Alimony Payments Made Under Voluntary Agreement Of Separation, William R. Hewitt S. Ed.

Michigan Law Review

Taxpayer and his wife voluntarily entered into a written agreement of separation. Pursuant to the agreement, taxpayer made periodic payments to his wife in discharge of his legal obligation of support. In his income tax return for 1943, taxpayer took the amount of tlie payments made for that year as a deduction from gross income under the authority of section 23(u) of the Internal Revenue Code. The commissioner disallowed the deduction and determined a tax deficiency. Upon petition to the Tax Court for a redetermination of the deficiency, the commissioner was upheld. On appeal, held, affirmed. Only alimony payments …

Constructive Desertion In Maryland, Herbert Myerberg

Maryland Law Review

No abstract provided.

And Now That You Have Your Divorce, Where Do You Stand? - Estin V. Estin Kreiger V. Kreiger

Maryland Law Review

No abstract provided.

Kentucky Procedure--Reviewability Of Trial Court Decrees In Divorce, John J. Larkin

Kentucky Law Journal

No abstract provided.

The Amending Of Alimony And Divorce Cases In Maryland - Brooks V. Brooks Ritz V. Ritz

Maryland Law Review

No abstract provided.

Separate Maintenance--Wife's Right To, When Divorce Refused Because Of Fault Of Both Parties, John G. Prather

Kentucky Law Journal

No abstract provided.

Divorce: Agreement Of Parties As To Alimony, Doyle B. Inman

Kentucky Law Journal

No abstract provided.

Domestic Relations--The Modern Trend Toward Rejection Of Recrimination, Wanda Lee Spears

Kentucky Law Journal

No abstract provided.

Insurance: Right Of A Divorced Wife To Recover The Face Amount Of A Life Insurance Policy On Her Husband's Life--Ficke V. Prudential, Giles J. Mccarthy

Kentucky Law Journal

No abstract provided.

Conflicts--Divorce: Is An Action For Judicial Separation In Rem Or In Personam?, Wanda Lee Spears

Kentucky Law Journal

No abstract provided.

Taxation--Estate Tax--Alimony Deduction, J. G. H.

West Virginia Law Review

No abstract provided.

Domestic Relations-Recent Developments (A Service For Returning Veterans), John S. Bradway

Michigan Law Review

During the past five years family life in America has been subjected to unusual strains. The repercussions of the war, as well as the usual peacetime factors, affecting the domestic circle have received attention of sociologists and lay writers. The legal implications have not made such prompt appearance in published form.

Information as to that part of the impact of family dislocation caused by war is available in many places, none the least important being the records in the offices of legal assistance officers in the armed forces, of the Committees on War Work set up by the American and …

Decree Of Separate Maintenance Without Divorce, Viley O. Blackburn

Kentucky Law Journal

No abstract provided.

Award Of Alimony Subsequent To A Decree Of Divorce, William H. Conlee

Kentucky Law Journal

No abstract provided.

Insurance--Effect Of Divorce In Kentucky, Viley O. Blackburn

Kentucky Law Journal

No abstract provided.

Alimony Decrees Available Means Of Enforcement In Kentucky, Carleton M. Davis

Kentucky Law Journal

No abstract provided.

A Comparative Study Of Conflict Of Laws: A Review Of Volume One, Elliott E. Cheatham

Michigan Law Review

This is a notable book. It is the first volume of a comparative study of conflict of laws, undertaken at the invitation of the American Law Institute and completed with the support of the University of Michigan Law School. The author, Dr. Rabel, is a man whose great learning has been tempered and made fruitful by a distinguished and varied career as lawyer and as judge on national and international tribunals, as director of an institute of comparative law and conflict of laws serving practical as well as scholarly aims, and as author and professor of law.

The Conflict Of Laws: A Comparative Study. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …

Conflict Of Laws--The Migratory Divorce--Williams V. State Of North Carolina, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

Alternative Reasons For Setting Aside Divorce Obtained By Fraud - Croyle V. Croyle

Maryland Law Review

No abstract provided.

The Bones Of Haddock V. Haddock, Harold Wright Holt

Michigan Law Review

It would not be fitting to say in the language of the stage that Williams v. North Carolina has drawn the curtain on Haddock v. Haddock. Rather we will shift the metaphor to say that the recent case from North Carolina has largely stripped the flesh from the earlier decision. Yet the bones of Haddock v. Haddock remain unbleached and unpulverized. Just as persons with mechanical turn of mind may frame from blocks of wood puzzles of readjustment and resetting, so courts in states that do not favor free and easy termination of marriage may still find in the …

Husband And Wife-Antenuptial Contracts, B. Bernard Wolson

Michigan Law Review

Prior to the enactment of the statute of uses the wife's dower could not be bargained away. Thus dower constituted a clog upon alienation. Antenuptial contracts therefore were not recognized. However, with the passing of the statute of uses, jointures came into existence as means of barring dower and making alienation free. Jointures were of two kinds, viz., legal and equitable. As the law developed in England both types were recognized; but as the law developed in the United States, statutes were enacted specifically providing for jointures and antenuptial contracts. Our courts generally considered them as equitable in nature. These …

Further On Five Years Voluntary Separation As Ground For Absolute Divorce - Beck V. Beck Nichols V. Nichols

Maryland Law Review

No abstract provided.

Recognition Of A Foreign Divorce Decree Granting Custody Of Children, Robert Spragens

Kentucky Law Journal

No abstract provided.

Divorce--Collateral Attack By Subsequent Spouse, H. L. W. Jr.

West Virginia Law Review

No abstract provided.

The Haddock Case Overruled - The Future Of Interstate Divorce, John S. Strahorn Jr., G. Kenneth Reiblich

Maryland Law Review

No abstract provided.