Family Law Commons^™

Wife's Right To Eject Husband When Marital Home Is Her Property

Washington and Lee Law Review

No abstract provided.

The Divorce Act Of 1949—One Decade Later, Luvern Rieke

Washington Law Review

In the legislative session of 1949 a new divorce law was enacted. Proposed departures from the existing act had been reported to the State Bar Association. The objectives and contemplated effects of the new legislation were discussed in an article immediately after the act was adopted. Trouble was predicted Today, with ten years of experience under the act and in light of 172 reported opinions dealing with it, it seems appropriate to see what has occurred. The objective of this review is to identify, by placing together the related decisions of the Washington court, trends which have appeared and significant …

Domestic Relations, Divorce, Retroactive Modificiation Of Accrued Alimony, Robert Broglia

William & Mary Law Review

No abstract provided.

Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks

Michigan Law Review

At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land …

Torts--Father's Action Against Unemancipated Son For Loss Of Services Of Another Unemancipated Son, A. M. P.

West Virginia Law Review

No abstract provided.

Fraud On The Widow’S Share, W. D. Macdonald

Michigan Legal Studies Series

This study seeks the answer to a troublesome question: What should be done about gratuitous inter vivos transfers in alleged "evasion" of the widow's statutory share? My thesis is that the statutory share should be replaced by the type of decedent's family maintenance legislation found in the British Commonwealth, and that this legislation should be buttressed with anti-evasion provisions. Inter vivos "evasions" seem to be a permanent and increasingly serious concomitant of our forced share system. Part I, dealing with matters of policy, explores the chief aggravating factors. These factors include the high rate of remarriage, which induces transfers to …

Tort Actions Between Husband And Wife, Catherine H. Hotes

Cleveland State Law Review

In the majority of states, the Married Women's Acts or Emancipation Acts statutes have no express provision with respect to personal tort actions between spouses. Instead, they provide in general language that married women may sue separately for torts committed against them and that they may sue and be sued as though they were unmarried. In most of these states, however, the courts have held that such statutes do not abrogate the common law rule of spousal immunity.

Torts Between Parent And Child, William E. Mccurdy

Villanova Law Review (1956 - )

No abstract provided.

A Partial Solution To Legitimacy Problems Arising From The Use Of Artificial Insemination, Andrew D. Weinberger

Indiana Law Journal

No abstract provided.

Family Law 1960 Survey Of New York Law: Part Four--Torts And Family Law, Roger J. Goebel

Faculty Scholarship

This year was one of quiet evolution rather than of substantial progress in the area of family law. The event having the greatest effect on the average citizen was undoubtedly the raising of the marriage license fee in New York City to three dollars. The most noteworthy of the other minor legislative changes were an egalitarian enactment forbidding wives from contracting to abrogate their duty of support of incapacitated husbands and an authorization of resident parole centers for paroled juvenile delinquents whose home life is inadequate .

Domestic Relations--Survivorship Of A Child Support Agreement After The Death Of The Father, A. M. P.

West Virginia Law Review

No abstract provided.

Conflict Of Laws - Custody Decrees - Jurisdiction To Modify And Effect In Sister States, Donald R. Jolliffe S.Ed.

Michigan Law Review

Husband and wife were divorced in Wisconsin in 1956 by a judgment which awarded alimony, custody of the children, and support money to W. The custody decree provided that W be permitted to remove the children to California but that they be allowed to visit H each summer. While H was visiting California in October 1957, he was served in an action commenced by W seeking absolute custody. H returned to Wisconsin and on November 5 asked the Wisconsin court to modify its divorce judgment by awarding custody of the children to him. That court set a hearing and …

Constitutional Law - Due Process- Residence Substituted For Domicile As Basis For Divorce Jurisdiction, Paul Gerding S.Ed.

Michigan Law Review

Plaintiff husband brought a divorce action under an Arkansas statute, which granted state courts divorce jurisdiction on the basis of residence of one of the parties within Arkansas for three months, to terminate a marriage performed in another jurisdiction. Defendant wife, domiciled in California, filed a cross complaint for separate maintenance and attacked the court's jurisdiction to grant the divorce. The lower court held the act unconstitutional in eliminating domicile of one of the parties as a jurisdictional requirement in a divorce action, and, finding that the plaintiff was not domiciled in Arkansas, dismissed the suit. On appeal, held, …

Domestic Relations--1959 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

In the case of In re Matthews, the supreme court once more was called upon to construe the adoption statutes and to determine the relationship between the juvenile court and a court in which adoption proceedings are pending. In this same case, the court had earlier held that jurisdiction of juvenile courts to declare children abandoned is not exclusive and that in adoption proceedings a chancery court may determine whether there has been an abandonment of the child proposed to be adopted. The supreme court had remanded the case to the chancery court. In that court, the Department of Public …

Aspects Of Guardianship In Virginia, William H. Colona Jr.

William & Mary Law Review

No abstract provided.

Effect Of Adultery On Custody Awards

Washington and Lee Law Review

No abstract provided.

Participation By A Defendant Spouse In A Foreign Divorce Action: State Court Interpretation Of The Sherrer Doctrine

Indiana Law Journal

No abstract provided.

The Formalities Essential To A Valid Marriage In Indiana

Indiana Law Journal

No abstract provided.

Community Property, Richard W. Shelton

Washington Law Review

Covers cases on the surrender value of community insurance subject to inheritance tax and on distinguishing community and separate property.

Domestic Relations, Frank J. Woody

Washington Law Review

Covers cases on property settlement agreements—contempt—imprisonment for debt.

Annulments--Residents Requirements--Applicability Of Divorce Statures, T. J. W.

West Virginia Law Review

No abstract provided.

Evidence--Prohibition Of Spousal Testimony In Criminal Trials--Common Law Rule Upheld, J. J. P.

West Virginia Law Review

No abstract provided.

Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller

Michigan Law Review

Decedent and his first wife executed reciprocal wills pursuant to a contract appearing on the face of the instruments. Each gave the other a life estate, with remainders to substantially identical beneficiaries. After his first wife's death, decedent remarried and in an antenuptial contract agreed to bequeath a sum of money to his second wife in lieu of all her claims against his estate. The second wife had actual notice of the prior agreement at the time of their marriage. Decedent then executed a new will which expressly revoked all prior wills, confirmed the terms of the antenuptial contract, and …

A V. B, Yitzhak Olshan, Moshe Landau, Alfred Witkon, Zvi Berinson, Yoel Sussman

Translated Opinions

The appellant claimed an order in the District Court against the respondents, who were husband and wife, declaring that he was the natural father of a child born to the wife and registered as that of the respondents. The claim was struck out in limine and the appellant appealed.

Held, dismissing the appeal,

Per Olshan P. The granting of a declaratory order is in the discretion of the court, and having regard to the nature of the claim, public interest and morality, the prejudice to the status and interests of the child who was not even a party to the …

Contributory Negligence Of Children In Indiana: Capacity And Standard Of Care

Indiana Law Journal

No abstract provided.

Collateral Attack On Foreign Divorces: Proof Of The Foreign Law, Beryl Mcguire

Buffalo Law Review

No abstract provided.

Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.

Michigan Law Review

Husband and wife, Wisconsin domiciliaries, were involved in an automobile accident in Illinois. W brought suit in Wisconsin against H's insurer for alleged injuries resulting from the accident. The trial court dismissed the complaint on the ground that Illinois law was applicable and did not give one spouse a cause of action against the other for tort. On appeal to the Supreme Court of Wisconsin, held, reversed, one judge dissenting. The Illinois Married Women's Act should be strictly construed as destroying only the remedy in the Illinois courts, but not the substantive right to relief; hence, the Wisconsin …

Significance Of Puberty In Nonage Marriages

Washington and Lee Law Review

No abstract provided.

The Common Law Wife And Workmen's Compensation

Washington and Lee Law Review

No abstract provided.

Foreign Ex Parte Divorces And Local Claims To Alimony, George W. Stumberg

Washington Law Review

It will be recalled that in Williams v. North Carolina, the Supreme Court of the United States held that the fact of domicile as a jurisdictional factor for divorce may be questioned abroad when the matter of full faith and credit is in issue there. On the same day that this case was decided, a majority of the Court arrived at the same conclusion in the case of Esenwein v. Commonwealth of Pennsylvania. Except for the concurring opinion of Justice Douglas, the Esenwein case would have no particular significance. The background facts were similar to those in the second Williams …