Family Law Commons^™

Family Law—Non-Disclosed Psychiatric And Psychological Reports In Custody Cases Held Improperly Considered, Albert Dolata

Buffalo Law Review

Kesseler v. Kesseler, 10 N.Y.2d 445, 180 N.E.2d 402, 225 N.Y.S.2d 1 (1962).

Family Law—Custody Of Child—Natural Parent Vs. Foster Parents, Buffalo Law Review Board

Buffalo Law Review

People ex rel. Anonymous v. Anonymous, 10 N.Y.2d 332, 179 N.E.2d 200, 222 N.Y.S.2d 945 (1961).

Cohabitation During Pendency Of A Divorce Action

Washington and Lee Law Review

No abstract provided.

Arbitration Clauses In Separation Agreements

Washington and Lee Law Review

No abstract provided.

Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard

Washington Law Review

Recently adopted Initiative 2081 has evoked no small amount of comment, much of which centers about the problems of uncertainty, utility, and questioned reception and treatment by the courts. Although passed with the stated aim of eliminating probate expenses, the uncertainty of the Initiative may well occasion, in the individual case, as much or more litigation expense than probate ever would. This consideration, where survivorship is the end sought, may well lead to increased use of the relatively more certain community property agreement. Because of this possibility of increased use, and because In re Wittman emphasizes the manner in which …

Conflict Of Laws--Full Faith And Credit For Foreign Custody Judgements, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Domestic Relations -- 1961 Tennessee Survey (Ii), William J. Harbison

Vanderbilt Law Review

The definition of "abandonment" within the meaning of the Tennessee adoption statutes was clarified in the case of Ex parte Wolfenden. The stepmother of the subject child filed a petition for adoption, joined in and consented to by the natural father. A cross-petition was filed by the child's uncle and his wife, seeking to adopt the child and alleging that the natural father had abandoned the child and had delivered her to the home of the uncle for permanent rearing. The circuit judge granted the cross-petition upon the ground that adoption by the uncle was for the best interest of …

Property-Joint Bank Accounts-The Donee's Inter Vivos Interest, David K. Kroll S.Ed.

Michigan Law Review

The use of joint bank accounts has become widespread throughout the United States in recent years and has been the source of considerable litigation and comment. The predominant importance of this type of account is that it allows funds remaining at the death of a co-depositor to pass to the survivor without the necessity of a will. This aspect of the account, causing it to be known sometimes as a "Poor Man's Will," has been the focal point of the attention given to the transaction; and today, after more than half a century of uneven treatment by the courts, all …

Torts--Parent And Child--Parent Liability For Tort Of Child Where Parent Negligent In Failing To Restrain Child, David Mayer Katz

West Virginia Law Review

No abstract provided.

Joint Tenancy And Community Property, Yale B. Griffith

Washington Law Review

The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …

Right Of Surviving Divorced Parent To Custody Of Children

Washington and Lee Law Review

No abstract provided.

The Ninth Ground For Divorce In Virginia: Statutory Separation For Three Year, D. A. Hendler, W. Kendall Lipscomb Jr.

William & Mary Law Review

No abstract provided.

Wills - Probate - "Fraudulent" Destruction Notwithstanding Testator's Knowledge, Alan Rothenberg

Michigan Law Review

Decedent executed a will in which he exercised a general testamentary power of appointment making plaintiff beneficiary of a trust. The will was delivered for safekeeping to a notary in Germany and subsequently destroyed in a bombing raid. Decedent, having learned of the destruction of his will, died ten months later without executing a new will in the interim. The Surrogate admitted the will for probate as one "fraudulently destroyed" under New York law. The Appellate Division reversed. On appeal to the New York Court of Appeals, held, reversed, three judges dissenting. The will was "fraudulently destroyed" within the meaning …

Involuntary Wage Assignments: A New Approach For Effective Enforcement Of Support Obligations, Roger A. Olson

Buffalo Law Review

Feder v. Skyway Container Corp., - Misc. 2d-, 218 N.Y.S.2d 362 (Sup. Ct. 1961).

Conclusiveness Of Blood Tests In Paternity Suits - State V. Pernell, James P. Lewis, Larry H. Pozanek

Maryland Law Review

No abstract provided.

The Case For Marriage By Proxy, Marvin M. Moore

Cleveland State Law Review

Though only a minority of American jurisdictions sanction marriage by proxy, considerations of logic and public policy indicate that many more should do so. These include those common law marriage jurisdictions which do not require cohabitation and those non-common law marriage states which have no statutes clearly requiring both parties personally to apply for the license or personally to attend the ceremony. It is hoped that this situation will be remedied. When a state assumes the authority to prescribe the sole conditions under which its inhabitants may enter into so basic a relation as that of marriage, it incurs the …

Estoppel By Deed - Application Between Tenants By The Entirety - Day V. Truitt, Donald E. Sharpe

Maryland Law Review

No abstract provided.

Domestic Relations - State Has Power To Order Medical Treatment For Child In Spite Of Parents' Religious Objections, Joseph F. Doyle

Villanova Law Review (1956 - )

No abstract provided.

Divorce--Financial Inability To Meet Maintenance Order--Husband's Default As Affecting Right To A Hearing To Modify Future Installments, Marshall P. Eldred Jr.

Kentucky Law Journal

No abstract provided.

Habitual Drunkenness Affecting Family Relations, James J. Mcgarry

Cleveland State Law Review

Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.

Habitual Drunkenness Affecting Family Relations, James J. Mcgarry

Cleveland State Law Review

Most jurisdictions recognize habitual drunkenness either as an independent ground for divorce or consider it as a factor in determining some other wrong. An examination of the cited cases indicates that the drunkenness complained of must produce some adverse effect upon the family, either of a mental, physical, or economic nature. The courts, in guarding the marital institution, will not permit a divorce where the complainant has condoned the actions of the defendant, connived to bring about the ground for dissolution of the marriage, or where there is premarital knowledge of the intemperance.

Separation As A Ground For Divorce In Virginia, Charles P. Beemus

University of Richmond Law Review

Jurisdiction to grant divorce in all of the states is purely statutory and the grounds are only those set out in the statutes. Accordingly, no matter how unhappy a married couple is, or how great their desire to end the marriage, unless a statutory ground exists, there can be no relief in the form of divorce. Virginia now has nine statutory grounds for an absolute divorce from the bond of matrimony.

Notable Legislation Of 1962, Harry L. Snead Jr.

University of Richmond Law Review

Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.

The Economics Of A Divorce: A Pilot Empirical Study At The Trial Court Level, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Property Rights In Divorce And Separate Maintenance Cases, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Foreword: Student Symposium On The Child And The Law, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Some Statistics And Comments On The Statutory Grounds For Divorce In Virginia, Alexander J. Michalos

William & Mary Law Review

No abstract provided.

Contracts -- 1961 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date

II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved

III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration

IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct

V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchaser

Domestic Relations -- 1961 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

In the case of In re Van Huss' Petition' the Tennessee Supreme Court denied an adoption under a literal interpretation of the residence requirements inserted into the adoption statutes in 1959. Under the 1959 statutes, although the petitioners in adoption proceedings were not required to make Tennessee their legal residence, they were required to "have lived, maintained a home and been physically present in Tennessee, or on federal territory within the boundaries of Tennessee for one (1) year next preceding the filing of the petition .... -

In the Van Huss case the petitioning husband met all of the other …