Family Law Commons^™

Misapplication Of The Parens Patriae Power In Delinquency Proceedings

Indiana Law Journal

No abstract provided.

Divorce For Temperamental Incompatibility, Lester B. Orfield

Michigan Law Review

One not acquainted with American or Continental legal history might conclude that temperamental incompatibility as a ground for divorce is a novel and radical innovation. In fact, such divorces have been possible from the beginning of our history. Legislatures granted divorces until the last quarter of the nineteenth century. 'We are told that the legislature was appealed to in cases that were too flimsy or too whimsical for the courts."

About a century ago and for more than a generation later at least nine states had "omnibus clauses in their divorce statutes broad enough to include incompatibility of temper." No …

Skornik V. Skornik, Yitzhak Olshan, Shimon Agranat, Alfred Witkon

Translated Opinions

The parties were married in Poland on April 2, 1948, according to civil law, without a religious ceremony. They were at that time Polish citizens who were domiciled in Poland, and they remained domiciled in that country after their marriage. They immigrated to Israel in 1950 and thereupon became stateless. Thereafter the husband instituted action against the wife in a District Court for the return of effects or payment of their value, and the wife counterclaimed for maintenance. It was held in the District Court that, in accordance with the principles of international law, the law to be applied in …

Advancements: Iii, Harold I. Elbert

Michigan Law Review

Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.

Conflict Of Laws - Full Faith And Credit - Foreign Custody Decrees, Theodore J. St. Antoine S.Ed.

Michigan Law Review

Husband and wife were domiciled in Wisconsin. When marital troubles developed, the parties agreed that the wife should. take their children to Ohio and. there decide on her future action. Shortly afterward the wife informed the husband. she was not returning. The husband secured. a divorce in Wisconsin, with the decree purporting to award. him custody of the children subject to visitation rights in the wife. Service on the wife was · obtained by publication, but she made no appearance in the Wisconsin proceedings. After one of the visits of the children, the wife refused. to return them and. the …

Trusts - Validity And Effect Of Assignment Of Beneficial Interest In Trust For Support - Claims Of Beneficiary's Divorced Wife And Children, William E. Parmenter Jr.

Michigan Law Review

A testamentary trust required the trustee to apply income in such amounts as might be necessary for the education, support and maintenance of H until he attained the age of 35 years; then to hand over the corpus and accrued interest. Contingent interests were created for children of H who might survive his death before the age of 35. After the death of testatrix, H married W and had two children. In an agreement subsequently incorporated in a California decree of divorce obtained by W, H promised to make monthly payments to W for her own support and for the …

Cohen And Bousslik V. Attorney General, Moshe Silberg, Yoel Sussman, Shneor Zalman Cheshin

Translated Opinions

The appellants, Aharon Cohen and Bella Bousslik, went through a form of marriage ceremony in the office of their advocate. They had previously requested the Rabbinate to marry them but since the petitioner, Cohen, was regarded as of Priestly stock, and Bella Bousslik was a divorcee, the Rabbinate refused to solemnize their marriage because of the Biblical injunction forbidding the marriage of a "Priest" (kohen) and a divorced woman.

The office of the Registration of Inhabitants refused to register Cohen as a married man, and the appellants then sought a declaration in the District Court that they were …

Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter

Michigan Legal Studies Series

The central theme of this study comprises the judicial and legislative rules developed to restrict attempts by men of property to endow their families in perpetuity, usually with land, in such manner that each successive living generation can neither part with the property nor prevent unborn generations from succeeding to it. Part One deals with attempts to accomplish this object by bestowing the whole title on each living generation but denying each such generation the power to dispose of the property or to prevent its· descent to the next generation. In this part the principal restrictive rules are judicial, the …

Remarriage After Decree Imposing Waiting Period - Henderson V. Henderson

Maryland Law Review

No abstract provided.

Uniform Support Legislation, John W. Murphy Jr.

Kentucky Law Journal

No abstract provided.

Domestic Relations--Bed And Board Divorce In Kentucky, L. M. Tipton Reed

Kentucky Law Journal

No abstract provided.

Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein

Michigan Law Review

Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …

Income, Gift And Estate Tax Considerations In Marriage And Divorce, G. Van Velsor Wolf

Maryland Law Review

No abstract provided.

Domestic Relations—Parent-Child—Abrogation Of Adoption, Robert Manuele, Dewey Ertell Jr.

Buffalo Law Review

In Re Adoption of Eaton, 305 N. Y. 162, 111 N. E. 2d 431 (1953).

Domestic Relations—Husband-Wife—Common Law Marriage, Robert Manuele, Dewey Ertell Jr.

Buffalo Law Review

Akeson v. Salvage Process Corp., 305 N. Y. 438, 113 N. E. 2d 788 (1953); Blek v. Blek, 306 N. Y. 27, 114 N. E. 2d 192 (1953).

Domestic Relations—Husband-Wife—Alimony Pendente Lite, Robert Manuele, Dewey Ertell Jr.

Buffalo Law Review

Polizotti v. Polizotti, 305 N. Y. 176, 111 N. E. 2d 869 (1953).

Domestic Relations—Parent-Child—Custody: Parent-Stranger, Robert Manuele, Dewey Ertell Jr.

Buffalo Law Review

People ex rel. Knopp v. Shepsky, 305 N. Y. 465, 113 N. E. 2d 801 (1953).

Advancements: Ii, Harold I. Elbert

Michigan Law Review

A voluntary inter vivos transfer by a parent to a child is not an advancement so long as the transferor lives. The purpose of the doctrine is to equalize an intestate' s property among his children. It is auxiliary to the distribution of his estate that the question of advancement is raised. The death of the transferor is not enough to give rise to the doctrine. The person seeking to charge the intestate's heirs with an advancement must prove several additional facts. The legislation of each state determines what must be proved in order to charge the transferee with an …

Torts - Child's Right To Recover For Alienation Of Parent's Affection, Marvin O. Young S.Ed.

Michigan Law Review

Plaintiff's parents were divorced in 1934 when plaintiff was five years old. Custody of plaintiff was awarded to her mother, but plaintiff alleged that she received "usual paternal love, affection, maintenance, and support" from her father until 1941, when plaintiff's father took defendant as his mistress, keeping her until his death in 1952. Plaintiff brought this action for damages on the theory that defendant alienated the affections of her father, thereby depriving plaintiff of fatherly affection, guidance and support. Defendant's demurrer was overruled by the trial court. On appeal, held, reversed. In the absence of a statute, a child …

Heir Hunting -- A Profession Or A Racket?, Frank C. Ingraham

Vanderbilt Law Review

Although the cases clearly define the law and public policy applicable to the genealogist's contract, the important variable is the individual factual situation and its implications. The courts have upheld the heir-hunter's contract when the following factors were predominant in the suit: where the services of the genealogist amounted to valuable consideration; where the parties were competent and on equal footing; where there was no implied or express agreement to participate in existing or contemplated litigation; where the beneficiary accepted the evidence which established his claim and received the benefit of the claim; where there was no duty on the …

Harper: Problems Of The Family, Hobart Coffey

Michigan Law Review

A Book Review of Problems of the Family. By Fowler V. Harper

The Use Of Non-Legal Materials In Family Law, Margaret Keeney Rosenheim

Journal of Legal Education

No abstract provided.

Domestic Relations-Liability Of Estate Of Deceased Divorced Husband For Support Of Children Under Divorce Decree. [Virginia]

Washington and Lee Law Review

No abstract provided.

Domestic Relations, William J. Harbison

Vanderbilt Law Review

There have been several important appellate decisions by the Tennessee courts in the field of domestic relations during the past year, and several significant statutes on the subject were enacted by the 1953 General Assembly. These decisions and statutes are discussed briefly herein according to subject matter.

Domestic Relations—Natural Guardianship In Grandparents, Jack J. Lobdell

Washington Law Review

The superior court of Washington for King County deprived the parents of X, a minor, of any and all parental rights in or to the child and directed that he be a ward of the court. Y, the maternal grandmother, petitioned for custody of the child. After complete and extended inquiry into Y's ability to care for the child the superior court (called the juvenile court in this type of proceeding), denied the request for custody due primarily to Y's tubercular condition. Held Reversed and remanded. When the parents were permanently deprived of custody the grandmother became the natural guardian …

Domestic Relations, John W. Richards

Washington Law Review

Covers family desertion and nonsupport.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Torts - Wife's Right To Sue Husband, Samuel Watts Phillips

William and Mary Review of Virginia Law

No abstract provided.

The Virginia Bastardy Act Of 1952, Jack Richard Buchheit

William and Mary Review of Virginia Law

No abstract provided.

Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves

Washington Law Review

In recent years, an ever increasing number of cases involving some phase of this problem has come before the appellate courts of the several states. The purpose of this article is to review the law as it presently exists in Washington, to point out the particular problems facing the Washington lawyer handling such a case, and to make suggestions for effective action based upon a survey of end results accomplished by the actual application of one or more of the bases of jurisdiction in other states.