Statutes of Use, Wills, and Enrolments (1536)
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Oxford Scholarship Online
Uses, Wills, and Fiscal Feudalism University Press Scholarship Online Oxford Scholarship Online The Oxford History of the Laws of England: Volume VI 1483–1558 John Baker Print publication date: 2003 Print ISBN-13: 9780198258179 Published to Oxford Scholarship Online: March 2012 DOI: 10.1093/acprof:oso/9780198258179.001.0001 Uses, Wills, and Fiscal Feudalism Sir John Baker DOI:10.1093/acprof:oso/9780198258179.003.0035 Abstract and Keywords This chapter examines property law related to uses, wills, and fiscal feudalism in England during the Tudor period. It discusses the conflict between landlords and tenants concerning land use, feoffment, and land revenue. The prevalence of uses therefore provoked a conflict of interests which could not be reduced to a simple question of revenue evasion. This was a major problem because during this period, the greater part of the land of England was in feoffments upon trust. Keywords: fiscal feudalism, land use, feoffments, property law, tenants, wills, landlords ANOTHER prolonged discussion, culminating in a more fundamental and far-reaching reform, concerned another class of tenant altogether, the tenant by knight-service. Here the debate concerned a different aspect of feudal tenure, the valuable ‘incidents’ which belonged to the lord on the descent of such a tenancy to an heir. The lord was entitled to Page 1 of 40 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2014. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). -
Law Reform Commission of British Columbia Report On
LAW REFORM COMMISSION OF BRITISH COLUMBIA REPORT ON THE MAKING AND REVOCATION OF WILLS LRC 52 September, 1981 The Law Reform Commission of British Columbia was established by the Law Reform Commission Act in 1969 and began functioning in 1970. The Commissioners are: The Honourable Mr. Justice John S. Aikins, Chairman Peter Fraser Kenneth C. Mackenzie Bryan Williams Anthony F. Sheppard Arthur L. Close Anthony J. Spence is Counsel to the Commission. The Commission's staff lawyers are Frederick W. Hansford, Thomas G. Anderson and Gail P. Black. Sharon St. Michael is Secretary to the Commission. The Commission offices are located on the 10th Floor, 1055 West Hastings Street, Vancouver, B.C. V6E 2E9. Canadian Cataloguing in Publication Data Main entry under title: Report on the making and revocation of wills “LRC 52". Includes bibliographical references. ISBN 0-7718-8283-1 1. Wills - British Columbia. I. Law Reform Commission of British Columbia. KEB245.A72L38 346.711'05'4 C82-092000-2 TABLE OF CONTENTS Page I. INTRODUCTION 10 A. Historical Introduction 10 B. Succession Law Reform in Other Jurisdiction 12 C. Subjects Discussed in this Report 14 D. Terminology 14 II. TESTAMENTARY CAPACITY OF MINORS 16 A. Who May Make a Will? 16 B. Exceptions to the Minimum Age 17 1. Applications for Capacity 17 (a) Generally 17 (b) Would the Proposal be Useful? 18 (c) Should the Minor be Required to Obtain Approval? 18 (d) Who Should Approve the Execution of a Will? 18 (e) Should a Specific Will be Authorized? 19 2. Marriage 19 C. Military Personnel and Mariners 20 D. -
History of Estate Planning William D
Notre Dame Law Review Volume 37 | Issue 2 Article 4 12-1-1961 History of Estate Planning William D. Rollison Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation William D. Rollison, History of Estate Planning, 37 Notre Dame L. Rev. 160 (1961). Available at: http://scholarship.law.nd.edu/ndlr/vol37/iss2/4 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. THE HISTORY OF ESTATE PLANNING William D. Rollison* There is no part of the law of greater interest to the people of America and England, from the standpoint of numbers, than estate planning. This interest is not something that is new; it goes back to the days of a feudal society in England shortly after the Norman Conquest. It is my purpose to give a survey of the historical development of the subject. I. Estate planning is a process that is not subject to precise delimitation, owing to the innumerable factors which must be considered. As a process it involves the use and arrangement of property for and among the members of the owner's family group according to a design that will afford the greatest benefit to the objects of the owner's bounty commensurate with estate conser- vation.' But this is only a part of the process. While the basic steps are fairly well defined, the ramifications and combinations are only limited by the ability of the deft planner, acting consistently with the law and the wishes of the prop- erty owner. -
An Analysis of the Virginia Wills Act Formalities and the Need for a Dispensing Power Statute in Virginia, 50 Wash
Washington and Lee Law Review Volume 50 | Issue 3 Article 7 Summer 6-1-1993 An Analysis Of The irV ginia Wills Act Formalities And The eedN For A Dispensing Power Statute In Virginia Kelly A. Hardin Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Estates and Trusts Commons Recommended Citation Kelly A. Hardin, An Analysis Of The Virginia Wills Act Formalities And The Need For A Dispensing Power Statute In Virginia, 50 Wash. & Lee L. Rev. 1145 (1993), https://scholarlycommons.law.wlu.edu/wlulr/vol50/iss3/7 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. NOTES AN ANALYSIS OF THE VIRGINIA WILLS ACT FORMALITIES AND THE NEED FOR A DISPENSING POWER STATUTE IN VIRGINIA A farmer suffers an accident while working and his tractor crushes him. Believing he may die before help arrives, the farmer scratches a will' on the fender of his tractor. No one is present to act as a witness to the will. Nor does any opportunity exist for another party to exercise fraud or duress upon the farmer. If the farmer in fact dies as a result of the accident, may a court admit to probate the words that he scratched on the tractor fender and that he intended to be his will?2 Unless admissible as a holograph, 3 a will that the testator 4 writes and signs in the testator's own handwriting s the farmer's writing would be 1. -
Oral Contracts to Make a Will and the Uniform Probate Code: Boon Or Boondoggle?
ORAL CONTRACTS TO MAKE A WILL AND THE UNIFORM PROBATE CODE: BOON OR BOONDOGGLE? DENNIS W. COLLINSt A verbal contract isn't worth the paper it's written on.* Whether one is a movie mogul or a practicing lawyer, the prob- lem with oral contracts has long been recognized. Such problems have been prevalent in the estate and estate planning area. The best laid estate plans may come to naught when a despised relative shows up after death claiming to have had a contract with the deceased to receive all of the deceased's estate.' I. INTRODUCTION If a man can'tforge his own will, whose will can heforge?** Contracts to make a will occur in a variety of factual situations. Very often they involve the elderly. As people grow older, their reli- ance on others normally increases because of their inability to care for themselves. This is especially true of those who have lost spouses and who, as a result, come to rely on relatives for normal needs such as housing and food. The furnishing of these services by a friend or relative may be motivated by a variety of reasons, including friend- ship, good samaritanism or, unfortunately, greed. In many instances, no mention is ever made of compensation to the providers. In such a situation, after the death of the one receiv- ing the services, the providers may claim there was an oral contract to make a will, under the terms of which they were to be left certain property in exchange for their providing care for the deceased.2 Such a "contract" may have been the last thing on the mind of t Partner, Jewell, Gatz, Collins & Dreier, Norfolk, Nebraska; Fellow, American College of Probate Counsel; B.A., 1968; J.D., 1971, University of Nebraska. -
Future Interests in Property in Minnesota Everett Rf Aser
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1919 Future Interests in Property in Minnesota Everett rF aser Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Fraser, Everett, "Future Interests in Property in Minnesota" (1919). Minnesota Law Review. 1283. https://scholarship.law.umn.edu/mlr/1283 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW FUTURE INTERESTS IN PROPERTY IN MINNESOTA "ORIGINALLY the creation of future interests at law was greatly restricted, but now, either by the Statutes of Uses and of Wills, or by modern legislation, or by the gradual action of the courts, all restraints on the creation of future interests, except those arising from remoteness, have been done away. This practically reduces the law restricting the creation of future interests to the Rule against Perpetuities,"' Generally in common law jurisdictions today there is but one rule restricting the crea- tion of future interests, and that rule is uniform in its application to real property and to personal property, to legal and equitable interests therein, to interests created by way of trust, and to powers. In 1830 the New York Revised Statutes went into effect in New York state. The revision had been prepared by a commis- sion appointed for the purpose five years before. It contained a code of property law in which "the revisers undertook to re- write the whole law of future estates in land, uses and trusts .. -
An Introduction to Wills and Administration Percy Bordwell
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1929 An Introduction to Wills and Administration Percy Bordwell Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Bordwell, Percy, "An Introduction to Wills and Administration" (1929). Minnesota Law Review. 2068. https://scholarship.law.umn.edu/mlr/2068 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUMIE XIV DECE-MBERP, 1929 No. I AN INTRODUCTION TO WILLS AND ADMINISTRATIONt By PERcy BORDWELL* F REEDOm of testamentary disposition has become second nature to Americans and all others brought up under the influence of Anglo-American law. While the testator cannot take his prop- erty with him nor have rights after he is dead,' yet it is the almost universal rule that by his will he may control the subse- quent course of his property even to the extent of leaving his children penniless.' So extreme a power of testamentary dis- position is probably not to be found elsewhere,' and even in Anglo-American law is, as legal history goes, of comparatively recent date. Up until 1692 it was the law in the northern of the two ecclesiastical provinces into which England is divided that where a testator had wife and children he was entitled to dispose of only one third of his goods and chattels, one third going to the wife and the remaining third to his children.' And such was the custom of London until 1724. -
Statute and Common Law Current Legal Issues Seminar Series 17 August 2017 Adam Pomerenke
Statute and Common Law Current Legal Issues Seminar Series 17 August 2017 Adam Pomerenke Introduction We often speak of two broad sources of law: statute law (the law made by the Commonwealth, State and Territory Parliaments) and common law (for present purposes, the law made by judges in the exercise of both common law and equitable jurisdiction1). These sources of law do not exist independently of each other. Rather, they are part of one integrated system of laws under the Constitution.2 They have been said to have a symbiotic relationship.3 They interact directly and indirectly. We are all familiar with the main modes of interaction. Subject to constitutional constraints, statute law prevails over the common law. Statutes are interpreted in accordance with common law principles of interpretation (as supplemented or modified by interpretation statutes4). And the “principle of legality” ensures that statutes do not casually obliterate at least some common law rights.5 These basic ideas are often assumed to be sufficient to enable one to get by in practice. However, the safety of that assumption has been challenged. In 1992, The Honourable Paul Finn drew attention to some complexities in the relationship between statutes and the common law which had been analysed extensively in the United States for almost a century, but had been the subject of little analysis within the Commonwealth.6 In 2013, just over 20 years later, Finn observed that the Bar was “slowly awakening” to the matter.7 1 There is, however, a substantial case for separate treatment of the relationship between equity and statute: Leeming, “Equity: Ageless in the ‘Age of Statutes’” (2015) 9 J Eq 108. -
Fine Art of Intimidating Disgruntled Beneficiaries with in Terrorem Clauses
SMU Law Review Volume 51 Issue 2 Article 2 1998 Fine Art of Intimidating Disgruntled Beneficiaries with In errT orem Clauses, The Gerry W. Beyer Rob G. Dickinson Kenneth L. Wake Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Gerry W. Beyer et al., Fine Art of Intimidating Disgruntled Beneficiaries with In errT orem Clauses, The, 51 SMU L. REV. 225 (1998) https://scholar.smu.edu/smulr/vol51/iss2/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE FINE ART OF INTIMIDATING DISGRUNTLED BENEFICIARIES WITH IN TERROREM CLAUSES Gerry W. Beyer* Rob G. Dickinson** Kenneth L. Wake*** TABLE OF CONTENTS I. INTRODUCTION ........................................ 226 II. THE HISTORY AND DEVELOPMENT OF THE IN TERROREM CLAUSE ................................... 230 A. ANCIENT HISTORY .................................... 230 1. Biblical Account of Creation ...................... 230 2. Babylonian Civilization ............................ 230 B. ENGLAND PRIOR TO THE NORMAN CONQUEST ........ 231 C. EARLY COMMON LAW-NORMAN CONQUEST TO THE W ILLS ACT OF 1540 ................................... 233 D. MODERN COMMON LAW PERIOD-POST STATUTE OF W ILLS ................................................. 235 E. UNITED STATES DEVELOPMENT ....................... 240 III. MODERN APPROACHES FOLLOWED IN THE UNITED STATES ........................................ 242 A. IN TERROREM PROVISIONS TREATED AS VOID ........ 243 B. IN TERROREM CLAUSES TREATED AS VALID BUT INEFFECTIVE BECAUSE OF OVERBREADTH ............ 244 C. IN TERROREM CLAUSES TREATED AS VALID WITHOUT EXCEPTION ............................................ 245 D. IN TERROREMW CLAUSES TREATED AS VALID UNLESS CONTEST BROUGHT WITH GOOD FAITH AND PROBABLE CAUSE (UNIFORM PROBATE CODE A PPROACH) .......................................... -
The Advent and Legality of Electronic Wills in United States: Need for a Legal Framework in Nigeria
MRABURE: The Advent and Legality of Electronic Wills in United States: Need for a Legal Framework in Nigeria THE ADVENT AND LEGALITY OF ELECTRONIC WILLS IN UNITED STATES: NEED FOR A LEGAL FRAMEWORK IN NIGERIA* Abstract The advent and legality of electronic Wills in some States in United States of America such as Nevada, New Hamshire, and Virginia are backed by enabling laws. Electronic Wills are made, created or stored by a competent testator as a disposition in an electronic form to take effect after his death Electronic Wills complement traditional forms of Will which are still prevalent in the United States. Electronic Wills permit its creation and execution by a person without leaving the comfort of home and without the need for paper work. The process in general is anchored on its simplicity. In Nigeria, only the traditional form of Wills is operational. This is virtue of the statutes of general application. On this basis, the Wills Act of 1837 enacted in England to govern testate succession, were introduced into Nigeria. Electronic Wills is hinged on the use of electronic applications and devices. It is trite that the use of the internet through various media online platforms such as facebook, WhatsApp etcetera and use of electronic devices such as android phones, laptops, memory cards etcetera are no new to the citizens of Nigeria. Some of the above-mentioned are used by citizens to receive, record, transmit, store, process, retrieve information electronically. Therefore, there is the need for a legal framework in Nigeria for electronic wills to complement traditional forms of Wills based on views stated above and the practice should accord with what is obtainable in some States in the United States of America. -
The Defeasance of Estates on Condition Harold M
THE DEFEASANCE OF ESTATES ON CONDITION HAROLD M. BOWMAN Professor of Law, Boston University I. THE NATURE OF DEFEASANCE IN GENERAL The operation and effect of the defeasance of an estate on condition are expressed by Littleton in these words: "Then may the feoffor or his heires enter into such lands or tene- ments, and them in his former estate to have and hold, and the feoffee quite to ouste thereof. And it is called an estate upon condition because that the estate of the feoffee is defeasible, if the condition be not performed, &c." 1 "In the same manner it is if the lands be given2 in taile, or let for terme of life or of yeares, upon condition, &c. The defeasance as thus expressed is the abrupt termination and dis- placement of one estate by a physical act; and this act, subject to a few exceptions, clothes the person performing it with a former estate in the property. Littleton's statement has stood the test of time, and its precision and adequacy are attested by the fact that the words in which modem deci- sions and text-books describe the operation of the defeasance do not vary in any essential respect from his own.3 It has always been admitted that when the interest conveyed is a freehold on condition-whether in fee, in tail, or for life, and whether the interest be corporeal or incorporeal-entry or its equivalent is necessary unless the person entitled to the benefit of the condition is himself in possession. In the case of interests such as reversions or remainders, rents or commons, which do not lie in livery and of which there can be no entry or possession, there must be a claim. -
Trust and Fiduciary Duty in the Early Common Law
TRUST AND FIDUCIARY DUTY IN THE EARLY COMMON LAW DAVID J. SEIPP∗ INTRODUCTION ............................................................................................. 1011 I. RIGOR OF THE COMMON LAW ........................................................... 1012 II. THE MEDIEVAL USE .......................................................................... 1014 III. ENFORCEMENT OF USES OUTSIDE THE COMMON LAW ..................... 1016 IV. ATTENTION TO USES IN THE COMMON LAW ..................................... 1018 V. COMMON LAW JUDGES AND LAWYERS IN CHANCERY ...................... 1022 VI. FINDING TRUST IN THE EARLY COMMON LAW ................................. 1024 VII. THE ATTACK ON USES ....................................................................... 1028 VIII. FINDING FIDUCIARY DUTIES IN THE EARLY COMMON LAW ............. 1034 CONCLUSION ................................................................................................. 1036 INTRODUCTION Trust is an expectation that others will act in one’s own interest. Trust also has a specialized meaning in Anglo-American law, denoting an arrangement by which land or other property is managed by one party, a trustee, on behalf of another party, a beneficiary.1 Fiduciary duties are duties enforced by law and imposed on persons in certain relationships requiring them to act entirely in the interest of another, a beneficiary, and not in their own interest.2 This Essay is about the role that trust and fiduciary duty played in our legal system five centuries ago and more.