Download or read book The Color of Testamentary Freedom written by Kevin Noble Maillard and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wills that prioritize the interests of nontraditional families over collateral heirs test courts' dedication to observing the posthumous wishes of testators. Collateral heirs who object to will provisions that redraw the contours of “family” are likely to profit from the incompatibility of testamentary freedom and social deviance. Thus, the interests of married, white adults may claim priority over nonwhite, unmarried others. Wills that acknowledge the existence of moral or social transgressions -- namely, interracial sex and reproduction -- incite will contests by collateral heirs who leverage their status as white and legitimate in order to defeat testamentary intent. This Article turns to antebellum and postwar will contests between disinherited white heirs and mixed-race devisees to question the role of courts in defining “family” and the expectancy of collaterals to uphold this limitation. While other studies have separately examined the myth of testamentary freedom and argued for the legitimacy of diverse families, scholars have paid less attention to the color of inheritance. Drawing on Cheryl Harris's groundbreaking work on property and racial expectation interests, this Article illustrates the centrality of whiteness in the validation of testamentary transfers. At the same time, it questions the legal resistance to nontraditional families, which substantially weakens the aspirational theory of donative freedom -- the cornerstone of Trusts & Estates. Through the intersection of wills law and family law, this Article initiates a critical inquiry of the influence of race in testamentary transfers.
Download or read book Testamentary freedom written by and published by . This book was released on 1976 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limitations on Testamentary Freedom in England reprint written by Joseph Dainow and published by . This book was released on 1940 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limitations of a Parent s Testamentary Freedom written by Joseph Dainow and published by . This book was released on 1937 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restricting Testamentary Freedom written by Daniel B. Kelly and published by . This book was released on 2014 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: The organizing principle of American succession law -- testamentary freedom -- gives decedents a nearly unrestricted right to dispose of property. After surveying the justifications for testamentary freedom, I examine the circumstances in which it may be socially beneficial for courts to alter wills, trusts, and other gratuitous transfers at death: imperfect information, negative externalities, and intergenerational equity. These justifications correspond with many existing limitations on the freedom of testation. Yet, disregarding donor intent to maximize the donees' ex post interests, an increasingly common justification for intervention, is socially undesirable. Doing so ignores important ex ante considerations, including a donor's happiness, a donor's incentive to work, save, and invest, and the structure and timing of a donor's gifts. If donors believe courts may not facilitate their intent, donors may be less happy, accumulate less property, and alter gifts during life. Moreover, because the law often affects donor behavior, ignoring donative intent to benefit particular donees may harm not only the donors but also donees as a class. Thus, the living may themselves benefit if the law allows a certain degree of “dead hand” control.
Download or read book Testamentary Freedom written by William Malcolm Patterson and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Testamentary Freedom written by Auckland District Law Society. Public Issues Committee and published by . This book was released on 1976 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Testamentary Freedom Reaffirmed in the Supreme Court written by Brian Sloan and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case now known as Ilott v The Blue Cross [2017] UKSC 17 was the first time that the Inheritance (Provision for Family and Dependants) Act 1975 was considered at the highest judicial level. The Court of Appeal ([2015] EWCA Civ 797, noted [2016] C.L.J. 31) had significantly enhanced the award given to an estranged and “disinherited” but needy daughter (Heather Ilott) at the expense of the charities (the Blue Cross, Royal Society for the Protection of Birds and Royal Society for the Prevention of Cruelty to Animals) who were the principal beneficiaries under her mother (Melita Jackson)'s will, leaving her with £143,000 out of the £486,000 estate primarily to purchase the council house in which she and her family were living. The Supreme Court unanimously allowed the charities' appeal, restoring Judge Million's original £50,000 order. Giving the lead judgment, Lord Hughes reasserted the centrality of testamentary freedom in English Law, emphasised the importance of the Act's limitation to “reasonable financial provision” for maintenance for non-spouse/civil partner applicants (s. 1(2)(b)), and held that a need for maintenance was a necessary but not sufficient condition for a successful claim. He approved previous case law in holding that maintenance could not “extend to any or everything which it would be desirable for the claimant to have”, but was not limited to “subsistence” either. He also confirmed that the focus of the correct test under the 1975 Act is not on the behaviour of the testatrix, but opined the reasonableness of her decision may still be a significant consideration, as may the extent of any “moral claim” even if that is not a “sine qua non”
Download or read book A Triumph for Testamentary Freedom written by and published by . This book was released on 2000 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Testamentary Freedom Versus Moral Duty written by William Alexander Marshall (LL.B.) and published by . This book was released on 2012 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limitations on Testamentary Freedom in Canada Ontario written by Marci J. Rubinoff and published by . This book was released on 1989 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Roadblocks to Freedom written by Andrew Fede and published by Quid Pro Books. This book was released on 2012-01-20 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practicein addition to the abstract principles stated in the appellate decisions. The author shows that procedural and evidentiary roadblocks made it increasingly impossible for many slaves, or free blacks who were wrongfully held as slaves, to litigate their freedom. Even some of the most celebrated cases in which the courts freed slaves must be read as tempered by the legal realities the actors faced or the courts actually recognized in the process. Slave owners in almost all slave societies had the right to manumit or free all or some of their slaves. Slavery law also permitted people to win their freedom if they were held as slaves contrary to law. In this book, Fede provides a comprehensive view of how some enslaved litigants won their freedom in the courtand how many others, like Dred and Harriet Scott, did not because of the substantive and procedural barriers that both judges and legislators placed in the way of people held in slavery who sought their freedom in court. From the 17th century to the Civil War, Southern governments built roadblock after roadblock to the freedom sought by deserving enslaved people, even if this restricted the masters' rights to free their slaves or defied settled law. They increasingly prohibited all manumissions and added layers of procedure to those seeking freedomwhile eventually providing a streamlined process by which free blacks "voluntarily" enslaved themselves and their children. Drawing on his three decades of legal experience to take seriously the trial process and rules under which slave freedom cases were decided, Fede considers how slave owners, slaves, and lawyers caused legal change from the bottom up.
Download or read book Family and property written by Rosalind Frances Croucher and published by . This book was released on 1993 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book According to Our Hearts written by Angela Onwuachi-Willig and published by Yale University Press. This book was released on 2013-06-25 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: div This landmark book looks at what it means to be a multiracial couple in the United States today. The book begins with a 1925 court case and shows how—almost a century later—our society has yet come to terms with interracial marriage. /DIV
Download or read book Litigating Across the Color Line written by Melissa Lambert Milewski and published by Oxford University Press. This book was released on 2018 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle.
Download or read book Inheritance Matters written by Suzanne Lenon and published by Bloomsbury Publishing. This book was released on 2023-09-21 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time. Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about 'passing on', 'legacies', and 'heirlooms'; troubles some of the enduring consequences of 'charitable bequests', 'family money', and 'estate planning; and, deepens our understanding of the intimate and political practices of inheritance.
Download or read book Claiming Others written by Mark C. Jerng and published by U of Minnesota Press. This book was released on 2010 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt:
