Family Law Commons^™

Still Further On Whether A Spendthrift Trust May Be Reached For Alimony Or Support - Hitchins V. Safe Deposit & Trust Co. Of Baltimore

Maryland Law Review

No abstract provided.

Ley Número 9 De La Capacidad Civil De La Mujer Casada. (Diciembre 28 De 1950)., Mario Díaz Cruz

Mario Diaz Cruz Pamphlets

No abstract provided.

The Migratory Divorce, Delbert L. Mclaughlin

Kentucky Law Journal

No abstract provided.

Does A Right Of Action By A Child For Enticement Of Its Parent Exist In Kentucky?, John J. Larkin

Kentucky Law Journal

No abstract provided.

Res Judicata And Interstate Divorce - Sherrer V. Sherrer And Coe V. Coe

Maryland Law Review

No abstract provided.

Non-Resident Attachment For Overdue Support Payments - Langville V. Langville

Maryland Law Review

No abstract provided.

Interracial Marriage: A Survey Of Statutes And Their Interpretations, Edward T. Wright

Mercer Law Review

Laws prohibiting interracial marriages and interpretations of such laws have caused much confusion for lawyers, law students, and sociologists. Most discussion concerning this subject is based purely upon hearsay without reference to statutes or cases. A survey of the statutes prohibiting interracial marriages and decisions interpreting those statutes and a study of the effect of violating such statutes should aid in clarification. Only by understanding the present policy of the states and the reasons for such policy is it possible to make any intelligent speculation as to the future of this phase of the law.

Torts-Family Relationship-Child's Right To Recover For Enticement Of Parent From Home, William H. Lowery

Michigan Law Review

Plaintiff, a six year old girl, sued to recover damages alleged to have been sustained as a result of defendant's enticing her mother from the family home. Plaintiff contended that as a child and member of the family she had a legally protected right to maintenance of the family relationship. Defendant answered that no tort had been committed, since no right in the plaintiff was recognized at common law and that to recognize such a right would amount to judicial legislation. From a judgment in favor of plaintiff, defendant appealed. Held, affirmed. Allowing a child a right of action …

The Present Status Of Connivance As A Defense To Divorce, Robert B. Deen Jr.

Vanderbilt Law Review

The four usual defenses raised to bar actions for divorce are connivance, collusion, condonation, and recrimination. Connivance is ordinarily defined as consent to the misconduct alleged as grounds for divorce.' It differs from collusion in that there are present actual grounds for divorce, rather than fictitious causes or concealed defenses; from condonation in that consent is given before the misconduct occurs, not forgiveness afterwards; from recrimination in that it has to do with the very grounds on which the plaintiff sues, not some other act of misconduct.

Divorce-Separation For Statutory Period As A Ground Of Divorce Regardless Of Fault, William R. Hewitt S.Ed.

Michigan Law Review

H sued W for a divorce on the statutory grounds that the parties had lived apart without cohabitation for ten years. The facts showed that the separation was caused by the willful abandonment of W by H and that H had lived in adultery after the separation and had not contributed to W's support since the separation. The trial court denied the divorce. On appeal, held, reversed. Where H and W have lived apart for the statutory period without cohabitation, H was entitled to the divorce regardless of the cause of the original separation and regardless of his …

Child's Right Of Action For Prenatal Injuries

Indiana Law Journal

Recent Cases: Torts

Mistake Of Law As To Validity Of Ex Parte Divorce As A Defense To Bigamy

Indiana Law Journal

Recent Cases: Divorce

Collateral Attack On Divorce By Third Parties

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Liability Of Estate Of Deceased Husband For Support Of Children Under Divorce Decree

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Lability Of Husband, After Annulment Of Marriage, For Personal Injuries Inflicted On Wife During Coverture

Washington and Lee Law Review

No abstract provided.

Insurance-Effect Of Liability Insurance On Parent's Immunity From Tort Liability To Child

Washington and Lee Law Review

No abstract provided.

The Uniform Divorce Recognition Act, Sections 20 And 31 Of The Divorce Act Of 1949, Harold Marsh Jr.

Washington Law Review

How can a state prevent its domiciliaries from obtaining migratory divorce decrees? What effect should be given to such a decree if, despite attempts to prevent the practice, some citizens nevertheless persist in obtaining such divorces? What effect must be given to it under the full faith and credit clause of the federal Constitution? No answer has been given to these questions which has not aroused vocal and widespread dissent. The Commissioners on Uniform State Laws have recently promulgated a proposed Uniform Divorce Recognition Act to deal with this problem, and the state of Washington has become the first state …

Divorce--Condonation--Two Acts Of Coition Plus Conciliatory Letter As Condonation For Cruelty, J. F. S. Jr.

West Virginia Law Review

No abstract provided.

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, …

Adoption In Virginia, Donald H. Sandie

William and Mary Review of Virginia Law

No abstract provided.

Adoption - Right Of Inheritance In Absence Of Legal Adoption-Specific Performance Of Contract To Adopt And Other Remedies, James C. Mordy

Michigan Law Review

Adoption was unknown at common law. Modern statutes permitting adoption are largely derived from Roman ideas, which were introduced into this country first through the civil law of Louisiana and later by statutes, beginning with Massachusetts in 1851.

Under the English common law, the only persons capable of inheriting property were blood relations of the deceased. On the other hand, most modern adoption statutes permit inheritance by adopted children equally with natural children. Adoption being purely statutory, the early cases denied the right of inheritance by supposedly adopted children when the statute was not strictly followed. Though still purporting to …

The Divorce Law Of 1949, Roberta Kaiser

Washington Law Review

A subcommittee of the state bar's Legislative Committee was appointed to study all sections of our divorce law, with a view to recommending changes to the state legislature if such study should show that amendments were desirable. The results of that study have been twice reported in this journal. The committee's work resulted in a number of specific recommendations, and later a bill was drafted and submitted to the 1949 legislature, where it was passed without substantial amendment. Approved by the Governor March I9, it will become effective June 9, 1949. Chapter 215, Laws of 1949, is a complete recodification, …

Equity-Divorce And Separation-Wife's Agreement Not To Claim Alimony As Defense To Later Action For Arrears, Melvin J. Spencer

Michigan Law Review

In a prior action against H for separate maintenance, W was awarded custody of their children and monthly maintenance of $50. She later lived openly with X, adopted his name, and had a child by him. Some of the children left W during their minority and lived with H. The maintenance payments were discontinued when W told H that she would no longer receive them. Four years after payments ceased, W unsuccessfully moved the federal district court to adjudge H guilty of contempt and to award her a money judgment for the past-due installments. Held, judgment for …

Gift Taxability Of Divorce Settlements

Indiana Law Journal

No abstract provided.

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 …

Family Partnership V. Corporation -- Income Tax Aspects, Bruce Mcclain

Vanderbilt Law Review

At the outset, it must be emphasized that a decision as to the more desirable mode of doing business should never be based solely upon tax considerations. In every instance, the following legal and practical advantages of transacting business as a corporation must always be borne in mind: (1) Limited Liability. The liability of a stockholder for the debts of the corporation is limited to his investment in its stock, while all of the property bf a general partner is subject to the claims of the firm's creditors, if its assets are insufficient to satisfy such claims in full. (2) …

Foreword, Mayo A. Shattuck

Vanderbilt Law Review

In order to get a proper measure of modern Estate Planning I think it may be useful to consider, very briefly, some aspects of its history. The family trust was born into our jurisprudence in an environment which had been moulded in that solid and immovable pyramid called feudalism. In that social order there was nothing of imaginative elasticity. Lateral allegiances or entanglements were as little known as lateral movements. All lines of authority moved from the top; all discharges of duties were rendered vertically to the liege lord next above. As with human relationships so also with property. The …