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Estates and Trusts

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Articles 541 - 570 of 629

Full-Text Articles in Property Law and Real Estate

Equity - Power To Rescind Conveyance For Fraud - Survival Jan 1932

Equity - Power To Rescind Conveyance For Fraud - Survival

Michigan Law Review

When a party has been induced by fraud to make a conveyance of real estate, he has a choice of remedies against the defrauding grantee. He may seek restitution of the land or its proceeds in equity or at law on a theory of rescission, or he may affirm the transaction and bring an action for the recovery of damages for the deceit. The actions being logically inconsistent, the granter is not allowed to proceed in both, and must elect whether he will have his property returned to him in specie on his restitution of the price received from the …


Real Property-Future Interests-Rights Of Unborn Child Nov 1931

Real Property-Future Interests-Rights Of Unborn Child

Indiana Law Journal

No abstract provided.


Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton Jun 1931

Estates--Effect Of Power In Life Tenant To Make Absolute Disposition Of Property--Governing Statute, James W. Simonton

West Virginia Law Review

No abstract provided.


Trusts-Right Of Trustee To Purchase Trust Property May 1931

Trusts-Right Of Trustee To Purchase Trust Property

Michigan Law Review

The trustees under a will filed a petition in the district court asking for an order of court authorizing them to sell and convey to two of the trustees a portion of the real estate held by them in trust, and for authority to sell and convey the remainder of the real estate to the husband of one of the trustees. Three of the beneficiaries were not sui juris, and the remaining beneficiaries refused to give their consent. Held, that a trustee can not purchase trust property from himself when the beneficiary is not sui juris or when …


Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest Apr 1931

Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest

Michigan Law Review

Shortly after the plaintiff's judgment had been docketted and a fruitless attempt made to have it satisfied, the defendant and his wife became devisees of some land, holding it as tenants by entireties. Knowing his wife to be in poor health and fearing he might survive her, the defendant persuaded her to join in a conveyance to their granddaughter for only a nominal consideration. Both women were unaware of the defendant's real motive, but the defendant himself understood the effect of what he was doing and was anxious to place the land beyond the plaintiff's reach. Held, that the …


Trusts-Devices For Defeating Rights Of Creditors Feb 1931

Trusts-Devices For Defeating Rights Of Creditors

Michigan Law Review

Attempts to protect property rights from the claims of creditors are faced at common law with the initial objection that restraints on the power of alienation are wholly ineffective. An exception has been recognized in this country in the case of equitable interests for life or for years. This exception, criticized severely at the time it was first recognized, has established itself in the law of most states in this country, though rejected in two jurisdictions.


Trusts-Apportionment Of Extraordinary Dividend From Sale Of Property By Realty Company Between Life Tenant And Remainderman Nov 1930

Trusts-Apportionment Of Extraordinary Dividend From Sale Of Property By Realty Company Between Life Tenant And Remainderman

Michigan Law Review

After death of the testator, leaving his wife shares in a realty company as part of the residue of his estate in trust to receive the rents, profits, and income of the same for her natural life, the company sold the greater portion of its property and declared a cash dividend of 100 per cent. Held, that it belonged to the remainderman and not the life beneficiary. In re Jackson's Will, 239 N. Y. S. 362.


Gift Of A Life Estate With Absolute Power Of Disposal By Deed, James W. Simonton Apr 1930

Gift Of A Life Estate With Absolute Power Of Disposal By Deed, James W. Simonton

West Virginia Law Review

No abstract provided.


Descent And Distribution-Status And Inheritance Rights Of Adopted Child Feb 1929

Descent And Distribution-Status And Inheritance Rights Of Adopted Child

Michigan Law Review

The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …


Wills-Trusts-Unprobated Will Opposed To A Forged Will Fraudulently Probated Feb 1929

Wills-Trusts-Unprobated Will Opposed To A Forged Will Fraudulently Probated

Michigan Law Review

We have now grown accustomed to certain principles which, at the time that they were enunciated, must have been thought anomalous. The comparatively recent case of Winder v Scholey, his oral promise to hold for another, might be declared a trustee ex maleficio, although he was guilty of no actual fraud when he made the promise. A fortiori, it would seem that actual fraud on the part of the devisee should lead to the same result, and such has been the fact for many years. In the case of deeds, however, actual fraud and a subsequent breach …


Future Interests--A Fee Limited Upon A Fee By The Deed--Heir Construed As Heir Of The Body, Howard Caplan Dec 1927

Future Interests--A Fee Limited Upon A Fee By The Deed--Heir Construed As Heir Of The Body, Howard Caplan

West Virginia Law Review

No abstract provided.


Trusts-When Agent May Purchase Or Lease For Himself Jan 1926

Trusts-When Agent May Purchase Or Lease For Himself

Michigan Law Review

A recent Michigan case has suggested the question: When and under what circumstances may an agent or other fiduciary purchase or lease property for himself, and when will he be decreed a trustee thereof? In this case A owned real estate in Detroit. P and his partners, subtenants, made an offer for a long term lease through D, who appears to have been a special agent with the sole duty of presenting the offer. It was rejected, finally and absolutely, without fraud or collusion on the part of D. Almost immediately D made an offer on his own behalf which …


The Procedural Status In West Virginia Of A Trustee In A Deed Of Trust To Secure A Debt, L. C. Dec 1925

The Procedural Status In West Virginia Of A Trustee In A Deed Of Trust To Secure A Debt, L. C.

West Virginia Law Review

No abstract provided.


Trusts--Effect Of Statute Of Frauds, J. D. D. Jun 1923

Trusts--Effect Of Statute Of Frauds, J. D. D.

West Virginia Law Review

No abstract provided.


The Law Of Property Act, 1922, Joseph Warren Jan 1923

The Law Of Property Act, 1922, Joseph Warren

Michigan Law Review

The English law of property legislation, which has been pending for over two years, was passed June 29 last. It will take effect January 1, 1925. For a century the reform of the law of real property has been a burning question in England-far more so than with us. Judges, lawyers, solicitors, conveyancing experts have all taken an active part. Learned societies have spoken through committees and royal commissions have reported. Piece by piece many of the antiquities have been abolished. But no reform is as far-reaching as the present act. In January, 1919, the Acquisition and Valuation of Land …


Perpetuity Statutes, Edwin C. Goddard Jan 1923

Perpetuity Statutes, Edwin C. Goddard

Articles

THE common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …


Certainty Requisite In Deeds As To Parties Grantee, Frederick L. Lemley Jun 1922

Certainty Requisite In Deeds As To Parties Grantee, Frederick L. Lemley

West Virginia Law Review

No abstract provided.


Application Of The Rule Against Perpetuities To Options To Purchase Real Estate, W. F. K. Nov 1921

Application Of The Rule Against Perpetuities To Options To Purchase Real Estate, W. F. K.

West Virginia Law Review

No abstract provided.


The Rule In Shelley's Case In West Virginia, James W. Simonton Apr 1920

The Rule In Shelley's Case In West Virginia, James W. Simonton

West Virginia Law Review

No abstract provided.


Escheat - How State Acquires Title, Edwin C. Goddard Jan 1920

Escheat - How State Acquires Title, Edwin C. Goddard

Articles

Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [1901] 1 Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat because of alienage, see 5 MICH. …


The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee Jan 1919

The Writing Required To Establish An Express Trust Of Land, Edgar N. Durfee

Articles

It has frequently been said that the Seventh Section of the Statute of Frauds, concerning Trusts of land, requires a writing containing "all the terms of the trust." Forster v. Hale, 3 Ves. 707; Smith v. Matthews, 3 DeG., F. & J. 139; Loring v. Palmer, 118 U. S. 321; Gaylord v. Lafayette, 115 Ind. 423; McClellan v. McClellan, 65 Me. 500; Blodgett v. Hildreth, 103 Mass. 484; York v. Perrine, 71 Mich. 567; Newkirk v. Place, 47 N. J. Eq. 477; Steere v. Steere, 5 Johns. Ch. 1; Cook v. Barr, 44 N. Y. 156; Dillaye v. Greenough, 45 …


No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S. Apr 1918

No-Term Oil And Gas Leases And The Rule Against Perpetuities, J. W. S.

West Virginia Law Review

No abstract provided.


The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood Mar 1917

The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood

Articles

The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.


Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson Jun 1916

Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson

Michigan Law Review

Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.


Recent Important Decisions Feb 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Titles To Real Property Acquired Originally And By Transfer Inter Vivos, Ralph W. Aigler Jan 1916

Titles To Real Property Acquired Originally And By Transfer Inter Vivos, Ralph W. Aigler

Books

Many law teachers have felt that Titles should be the basis of the beginning course in Property. Although this volume appears as number three in a series of casebooks covering the law of Property, it is believed that the subject-matter of the volume, with possibly some shifts in order of the topics, is such that it may well be used in that way.


Recent Important Decisions Nov 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr Dec 1914

Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr

Michigan Law Review

The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.


Recent Important Decisions Dec 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Dec 1913

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.