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Articles 601 - 630 of 782
Full-Text Articles in Property Law and Real Estate
Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman
Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman
Villanova Law Review (1956 - )
No abstract provided.
Right Of First Refusal--Homogeniety In The Condominium, Ira E. Parker, Iii
Right Of First Refusal--Homogeniety In The Condominium, Ira E. Parker, Iii
Vanderbilt Law Review
The condominium, a newly popular but relatively old' concept in real property law, is defined basically as an apartment project involving individual fee ownership of a family unit in a multi-unit structure or structures. To complete the ownership picture, the individual fee owners are also tenants in common, with undivided interests, in the land on which the structure is built, and in other parts of the structure which are not part of an individual unit. Due to the anticipated popularity of this unconventional real estate ownership,state legislation has blossomed in the past four years, and today, all but a few …
Condominium: A Reconciliation Of Competing Interests?, James C. Clark
Condominium: A Reconciliation Of Competing Interests?, James C. Clark
Vanderbilt Law Review
This note will first examine some of the operative provisions of the condominium statutes. Particular emphasis will be placed upon those provisions which are basic to the creation, existence, and dissolution of this unique form of property ownership. The FHA Model Statute For Creation of Apartment Ownership will be the principal vehicle of analysis, for it is the basis of many of the state condominium statutes. State provisions which differ from the Model Act will then be examined to discover the best statutory answer to the needs of condominium housing. Finally, attention will be focused on the tax implications of …
Wills--Equitable Conversion, Robert Willis Walker
Wills--Equitable Conversion, Robert Willis Walker
West Virginia Law Review
No abstract provided.
Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Decedents' Estates, Trusts And Future Interest -- 1964 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Validity of Instrument Which Only Appoints Fiduciary--Is an instrument which makes no testamentary gift, but only designates or appoints the personal representative to administer the estate and provides certain special powers of fiduciary administration entitled to probate as a valid will? While it has been said that there need be no dispositive gift of property to entitle a testamentary writing to probate as a will,' there seems to have been no definite court decision in Tennessee so holding until the recent case of Delaney v. First Peoples Bank of Johnson City. In that case a writing properly executed with the …
Planning Incompetents' Estates Via Inter-Vivos Distributions, Joseph C. Kelly
Planning Incompetents' Estates Via Inter-Vivos Distributions, Joseph C. Kelly
Villanova Law Review (1956 - )
No abstract provided.
Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes
Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes
Villanova Law Review (1956 - )
No abstract provided.
Recent Developments In Eminent Domain In Arkansas, Robert R. Wright
Recent Developments In Eminent Domain In Arkansas, Robert R. Wright
Law Faculty Scholarship
No abstract provided.
A Future For Girard's Dream, Henry S. Hilles Jr., Wilfred B. Wolcott Jr.
A Future For Girard's Dream, Henry S. Hilles Jr., Wilfred B. Wolcott Jr.
Villanova Law Review (1956 - )
No abstract provided.
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Vanderbilt Law Review
Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …
Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.
Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.
West Virginia Law Review
No abstract provided.
A Tale Of Two Cases, William H. Agnor
A Tale Of Two Cases, William H. Agnor
Vanderbilt Law Review
Professor Agnor here traces the development of what he suggests is a bad rule of law which originated in a poor decision of a jurisdiction highly respected for its decisions on the law of future interests. The author's demonstration of how the case has been blindly followed by both bench and bar underscores his message that members of the legal profession must not rely on encyclopedic statements of the law without an examination into the policies and problems involved.
Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers
Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers
Vanderbilt Law Review
The removal of future interest encumbrances on realty may in proper cases relieve hardship of private parties and be of benefit to the community by rendering the land marketable and productive. The author here examines the scope of equity jurisdiction in these cases and the applicable statutes. The author concludes with proposals to improve the statutory treatment of the problem and suggests that equity already has the power to provide the relief contained in his statutory proposals.
From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht
From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht
Faculty Scholarship
On June 17, 1960, twelve Negro college students entered a restaurant in Baltimore, Maryland. The manager approached and informed them of the restaurant's policy not to serve Negroes. Disregarding the manager, the young men sat down at tables and waited for service. The manager again asked them to leave, but they remained quietly seated. A police officer was summoned and, in his presence, the manager requested the Negroes to leave. They refused to answer and remained in their places. Thereupon they were arrested and indicted under a Maryland statute which, as interpreted by the Maryland Court of Appeals, made it …
Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard
Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard
Michigan Law Review
Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir's subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator's petition for power to sell had conferred jurisdiction of the property on the probate court. …
Restitution - 1963 Tennessee Survey, J. Brad Reed
Restitution - 1963 Tennessee Survey, J. Brad Reed
Vanderbilt Law Review
Constructive trusts are related to the field of trusts in somewhat the same way that quasi-contracts are today related to the field of contracts-in misnomer only. A judicial declaration of a constructive trust means simply that the holder of legal title to the property affected, must convey it to the person for whose benefit the constructive trust is declared.' The primary efficacy of this equitable remedy is that it gives the successful complainant a preference over all the defendant's creditors; its theory is not that the complainant is trying to reach the defendant's property, but rather that the property which …
An Appraisal Of Techniques To Preserve Open Space, Peter Ames Eveleth
An Appraisal Of Techniques To Preserve Open Space, Peter Ames Eveleth
Villanova Law Review (1956 - )
No abstract provided.
Money Payment Requirements As Conditions To The Approval Of Subdivision Maps: Analysis And Prognosis, Michael B. Kean
Money Payment Requirements As Conditions To The Approval Of Subdivision Maps: Analysis And Prognosis, Michael B. Kean
Villanova Law Review (1956 - )
No abstract provided.
Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer
Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer
Villanova Law Review (1956 - )
No abstract provided.
Real Property - Leases - Rule Against Perpetuities Does Not Void An On Completion Lease Where The Interest Must Vest Within A Reasonable Time Which Is Less Than Twenty-One Years, Malcolm J. Gross
Villanova Law Review (1956 - )
No abstract provided.
Marketable Title In Pennsylvania, Conrad J. Desantis
Marketable Title In Pennsylvania, Conrad J. Desantis
Villanova Law Review (1956 - )
No abstract provided.
Wills--Devise Of Specific Portion Of Property Held In Contenancy, Richard Marion Alker
Wills--Devise Of Specific Portion Of Property Held In Contenancy, Richard Marion Alker
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Boyd Lee Warner Ii
Abstracts Of Recent Cases, Boyd Lee Warner Ii
West Virginia Law Review
No abstract provided.
The Capital Gains "Holding" Dilemma, Allen Sultan
The Capital Gains "Holding" Dilemma, Allen Sultan
Vanderbilt Law Review
An important question under the capital gains provisions of the revenue laws is the meaning of the term "hold." The author studies judicial concepts of "holding" and concludes that inconsistencies have been introduced by judicial reaction to changing concepts of property. Noting that past legislative attempts to remedy the situation have been fruitless, he issues a call for "enlightened" congressional action.
Abstracts Of Recent Cases, Frank Thomas Graff Jr.
Abstracts Of Recent Cases, Frank Thomas Graff Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert
Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert
William & Mary Law Review
No abstract provided.
Comments, Various Editors
Abstracts Of Recent Cases, William Erwin Barr
Abstracts Of Recent Cases, William Erwin Barr
West Virginia Law Review
No abstract provided.
Constitutional Law - Limitation Of Powers Of State Improvement Agencies, Joseph F. Phillips
Constitutional Law - Limitation Of Powers Of State Improvement Agencies, Joseph F. Phillips
William & Mary Law Review
No abstract provided.
A Surviving Oddity: The Inter Vivos Branch Of The Doctrine Of Worthier, Charles Harold Haden Ii
A Surviving Oddity: The Inter Vivos Branch Of The Doctrine Of Worthier, Charles Harold Haden Ii
West Virginia Law Review
The scope of this writing is to examine the status of the doctrine of worthier title in relation to inter vivos conveyances of real and personal property in West Virginia. This, it is believed, should be of importance both to the general practitioner engaged in frequent conveyances of real property and in certification of titles, and also to the estate planner who chooses the trust deed as a vehicle of partial or complete disposition of a client's possessions.