WILLS-TRUSTS-UNPROBATED WILL OPPOSED TO A FORGED WILL FRAUDULENTLY PROBATED

Authors

Abstract

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 of an oral promise have been treated differently up to the present time, relief being granted in the one situation but not in the other as a general rule. Thus in three situations but not in the fourth, the requirements of the Statute of Wills or of the Statute of Frauds, urged in all as controlling, were forced, in effect, to give way before the broad principles of equity jurisprudence.

Recommended Citation

WILLS-TRUSTS-UNPROBATED WILL OPPOSED TO A FORGED WILL FRAUDULENTLY PROBATED, 27 Mich. L. Rev. 452 (1929).
Available at: https://repository.law.umich.edu/mlr/vol27/iss4/8