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[References Are to Pages] Abatement. See Apportionment. Absolute Index [References are to pages] Abatement. See Apportionment. gift, 188. Absolute Transfer. See also complete Halpern, Matter of, 121. Transfer. intent test, 104. custom of London, 54, 57. Newman v. Dore, 75. gift, 186. Animus testandi, 70. reality test, 129. Annulment, 363. trust, 68, 83'. Annuity. See also Insurance. Accounting Proceedings. See Proce- cases, 242-244. dure. family maintenance acts, 293, 295. Actions. See Procedure. family protection statutes, 236. Adoption, 40, 367. knowledge of claimant, 243. Adultery. See Equities; Statutory model act, 320. Share. promissory note, 106. Advancements. separation agreement, 374. cases, listed, 404. Swiss Civil Code, 286. custom of London, 50, 57. Antenuptial Transfer. See also "Kerr" Kentucky, ll3. Passages; Table E. motivation, 17. bank deposit, 362. policy, 44-45. bill of sale, 361. Tennessee, 195. bride, compared with widow, 260. Alabama, 23, 168. See also Table E. business, transfer of, 361. Alberta, 291. certificate of deposit, 362. Alienation, Freedom of. See Com­ claimant's independent means, 168. munity Values. collusion, 3'56. Aliens. See Inheritance. colorable, 133-134. Alimony. See also Creditors' Rights; contemplation of marriage, 355-366. Divorce; Fraud; Fraudulent control test, 360-361. Conveyance; Separate Mainte­ nance. deed, 361. distinguished from statutory share defeasance, extent of, 356. cases, 162, 260. estoppel, 356. pension fund, 244. fraud, 101-102. transfers in evasion of, 102, 147, 160, historical development, 354-355. 164, 184. illusory nature, 88, 93, 360-362. participation by donee, 160. insurance, 361. U.S. savings bond, 226. irrevocable trust, 203. veteran's benefits, 239. Kentucky cases, ll3. widow as creditor, 261-263. knowledge, 112, 3'56, 364-365. wife as creditor, 259. misrepresentation, 247, 357, 362. Animus donandi. mortgage, 355, 361. bank account trust, 210. moral claim of transferee, 165. colorable transfer, 133. note, 361. equities, effect on, 145. participation by transferee, 159-160. 455 456 FRAUD ON THE WIDOW'S SHARE Antenuptial Transfer (continued) reality test, 122-128, 178. postnuptial transfers, compared, 7, secrecy, 210. 147, 181-182. Bankruptcy. See Creditor's Rights. proof, 355-360. Beneficial Interest. See Cut-off; Reten­ presumption of fraud, 356-360. tion of An Interest; Taxes. provision for spouse, 155. Bigamy. See Equities; Mistress; Statu­ purchase by decedent, title in name tory Share. of another, 249. Bill of Sale, 90, 99, 133, 195, 405. See scope of action, 360-365. also Antenuptial Transfers; suit in lifetime, 360-365. Gifts. transfer before meeting spouse, 355. Bolles v. Toledo Trust Co., 79-87, 103. trust, 71. See also Table E. widow as creditor, 261-263. Bona Fide Gift, II I. See also Gift; Apartment Building, 88, 90, 167, 212. "Kerr" Passages; Tennessee. Appeals. See Model Act. Bona Fide Purchaser, 63-64. Apportionment. Bonds. See also U. S. Savings Bond. civil law, 288-289. "Kerr" passages, 100. model act. See Model Act. payable after death, 228, 248, 401. Arizona. See Table E. payable at death, 71, 401. Arkansas. See Table E. secured by mortgage, 142, 228. Art Collection. See Paintings. state, 228. Assets, Summary Distribution of. See British Columbia, 291. See also Model Act. Table E. Assignment, 239. See also Custom of British Commonwealth. See Mainte­ London; Insurance; Model nance Legislation. Act. Burden of Proof. See Antenuptial Attachment, 230. See Model Act. Transfer; Maintenance and Attorney Fees. See Model Act. Contribution; Proof. Australia, 3'27. See also Table E. Business, Transfer of, 167, 401-402. See Automobiles, 288, 401. also Antenuptial Transfer; Close Corporation; Deeds, "Bairn's Part." See Custom of London. Gift; Securities. Bailment, 221. Buy and Sell Agreement. See Partner­ Bank Account. See also Bank Account ship. Trust; Certificate of Deposit; Joint Bank Account. California. See also Table E. commercial, 216-217, 219. community property, evasions, 283. gift, 401. life insurance, 240. property of transferee, 167. statute, U. S. savings bond, 225. Bank Account Trust. See also Defea­ Canada. See also Table E. sance, Extent of; Halpern, maintenance legislation, 291. Matter of. Uniform Family Maintenance Act, analogy to U.S. savings bond, 225. 321. animus donandi, 210. Cattle, 401. cases, 121-128, 205-211. Certificate of Deposit, 188, 401. See colorable transfer, 210. also Bank Account. defeasance, extent, I 22. Charity, Inter Vivos Gift to. See Ta­ delivery, 122. ble B. described, 205-207. Charity, Testamentary Gift to. See illusory nature, 93. also Community Values. irrevocability, 122. evasions, 203. passbook, 122. legislation, 33-34. INDEX 457 Check. See Gift. power of attorney, 134. Child. See also Custom of London; realty, 134-135. Equities; Homestead; Lapse; revocable trust, 133, 204. Marital Disharmony; Model safe-deposit box, 13'5. Act; Procedure; Revocation by illusory nature, 88, 132-133. Operation of Law. "mere depository," 100, 133. as forced heir, 165, 283. power to revoke, effect of, 132-133. as plaintiff, 157. shams, 75, 102, 104, 120, 127, 131- capacity to sue, 264. 134, 136, 140, 142, 190, 210, illegitimate, 292. 265. maintenance legislation, 294. Colorado. See also Table E. need, 272. cases, 135-137. of prior marriage, Table B. equities, 137. statutory protection against disin- participation by donee, 160. heritance, 35-36. trust "causa mortis," 199. stepchildren, 16, 272, 302. widow as creditor, 261. Chose in Action, 16. See also Obliga­ Commercial Bank Account. See Bank tions Payable at Death. Account. Church Commissions. See Trustee. courts, 52. Community Property. See also Civil relation to freedom of testation, 53. Law; Custom of London. testamentary jurisdiction, 50. annuities, 242. Civil Law described, 21, 147. in general, Chapter 20. evasions, 244, 283. Louisiana, 281-285. life insurance, 229, 240. Germany, 285-286. savings bonds, 229. Roman law, 279-281. Community Values. See also Equities; Switzerland, 286-287. Maintenance and Contribu­ Close Corporation. See also Colorable tion; Reliance Interest; Statu­ Transfer; Partnership. tory Share. colorable transfer, 135. creditors, protection of, 38, 259-261. control test, 93, 192-193. custom of London, 54. defeasance, extent of, 130. death taxes, 38, 276-278. estate planning, 130. delivery, concept of, 188-189. revocable trust, 83-84. family support Cloud on Title, 266. charities, testamentary gifts to, 29, Collaterals. See Inheritance; Procedure. 33:.._34. Collusion. See Colorable Transfer; children, statutory protection, 35. Equities. evasion cases, 179-180. Colorable Transfer. See also Antenup­ family allowances, 29, 31-33. tial Transfer; Colorado; Con­ homestead, 29-31. trol Test; Halpern, Matter of; inchoate dower, 30, 63-64. Intent Test; "Kerr" Passages; judicial doctrines, 29. Reality Test. legitime, 282. cases, 132-135. pensions, 29. control test, 83. public welfare, 29. examples relation to Statute of Wills, 73'. close corporation, 135. revocation by operation of law, 34. deed, reconveyance on condition, freedom of alienation, 17, 30, 37- 133. 38, 42-43, 61. gift causa mortis, 133. freedom of testation, 25, 39. personalty, 135. in general, Chapters 2-5. 458 FRAUD ON THE WIDOW'S SHARE Community Values, family support Kentucky, 112. (continued) Missouri, 115-ll9. security of title, ix, 41-43, 45, 161, Pennsylvania, 143. 260, 296, 325. Constitutionality. See Model Act. testation, freedom of, 38--41. Contract. See also Antenuptial Trans­ Compensation, Deferred. See Deferred fer; Contract to Make a Will; Compensation Plan. Joint Bank Account; Obliga­ Complete Transfer, 67, 120, 128-129. tions Payable at Death. See also Absolute Transfer; contract of sale, 370. Reality Test. death benefits, Chapter 15. Condition Subsequent, 189, 194. partnership, 163, 233-235. Confession of Judgment, 405. See also "Contracting Out." See Marriage Set­ Colorable Transfer; Judgment. tlement; Model Act; Waiver. Confidential Relationship, 229. See also Contract to Make A Will. See also Undue Influence. Table E. Conflict of Laws, 201, 311. See also annuity, 374. Domicile; Jurisdiction; Model antenuptial, 367-368. Act. Cases may be found bona fide purchaser, 377-378. under "Related Cases: Miscel­ consideration, 3'71-372, 378. laneous" in Table E. contemplation of marriage, 367. Connecticut, 178. See also Table E. definition, 7, 366-367. Consent of Surviving Spouse. See also defeasance, extent of, 368. Waiver. equities, 368-369, 373-375. bar of dower, 251-252. estate planning, 367. custom of London, 50. evasions Consideration. See also Bona Fide beneficiary's rights, 377-378. Purchaser; Custom of Lon­ spouse's rights, x, 147, 228, 367- don; Deeds; Model Act. 370, 377-378. contract to make a will, 182, 371-372, "illusory" transfer, 126. 378. inchoate dower, 370. excessive, 99, 190. joint bank account, 216. false recital, Ill. knowledge, 368, 3'71-372, 375-377. in general, 37. maintenance legislation, 295. joint tenancy, 214. partnership, 234. meritorious, IIO-lll. postnuptial transfers, affinity to, 181- notes, 141. 182. partial, 108-109. proof, 117. sale at low price, 88. rationales, 368-370. security of title, 160-161. statistics, 373-375. separate maintenance, 99. U.S. savings bond, 378. Conspiracy, 243, 266. See also Equities. Control Test. See Halpern, Matter of; Constructive Trust. See also Equitable Illusory Transfer; Settlor. For Lien. application to particular meth­ joint bank account, 217. ods of transfer see appropri­ U.S. savings bond, 110, 227-228. ate title. Consumables, 285-286, 288. See also affected by equities,
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