The “Gallenstein” Rule: Slowly Slipping Away

Date
2018-02-02
Authors
Harl, Neil
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Abstract

Most legal rules exist until the rule is repealed, the rule comes to the end of its stated term or is held to be unconstitutional. But one, the so-called “Gallenstein” Rule, which has been in existence only for 26 years, is slowly slipping into oblivion. That rule, the indirect product of the 1976 amendment of joint tenancy rules,1 did not emerge until 1991 when the case of Gallenstein v. United States was decided by the Federal District Court of the Eastern District of Kentucky and the case was later affirmed by the Sixth Circuit Court of Appeals.2

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