Law of Wills, 2016A

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Explanation: T’s motivation for buying the new house was not to increase the value of her gift to Maxine. She purchased the house for a nontestamentary reason---she needed more room. Therefore, the court will uphold the gift to Maxine. Problems 1. Gloria executed a will stating “I leave all of the items in the trunk of my car to my sister, Emily.” The following items were found in the trunk of Gloria’s car when she died: a diamond ring, a tool set, a set of gold rims. Which items will Emily take? 2. Olivia executed a will stating “I leave the contents of my jewelry box to my secretary, Barbara.” The box contained the following items: a diamond necklace, a gold bracelet, a Rolex watch, and $40,000. Which items will Barbara take? 3. Brenda executed a will stating, “I leave $100,000 each to the persons who are working for my company at the time of my death.” At the time of the execution of her will, Brenda had five employees, Galvin, Scott, Michelle, Crystal and Dale. Prior to her death, Brenda fired Scott and Dale and hired Tina. At the time of her death, Brenda’s employees were Galvin, Michelle, Crystal and Tina. Who takes $100,000? 4. Sally executed a will stating, “I leave $10,000 each to my maid, my cook and my butler.” At the time of the execution of the will, the maid was Callie, the cook was Lillie and the butler was Gerald. Sally and Lillie had a big falling out, so Sally fired her. In order for Callie to get a bigger portion of the estate, Sally gave her the jobs of cook and maid. Who takes $10,000? 13.6 Interaction Between the Doctrines It is easy to confuse the doctrines discussed in this chapter. For example, integration and incorporation by reference are similar enough to cause some confusion. It is key to know that the main different is the testator’s intent. In cases involving integration, the testator wants a testamentary document that is present at the execution ceremony to be a part of the will. Incorporation by reference may apply when you are dealing with a document that is not testamentary in nature. The document is an independent document that has not been included in the execution process. Walsh v. St. Joseph’s Home For Aged, 303 A.2d 691 (Del.Ch. 1973) SHORT, Vice Chancellor: Plaintiffs, the administrators of the estate of James G. Dugan, seek instructions regarding distribution under the decedent’s will, which has been duly probated. The defendants are religious 579
charities and individuals engaged in charitable work to whom the decedent attempted to transfer certain bonds. The plaintiffs’ uncertainty concerns the effect which should be given to the following clause of the decedent’s will: ‘All United States Savings Bonds in safety deposit box #559 (sic) Farmers Bank 10th (sic) and Market Sts. Wilmington Del. to be given to the people and places as marked.’ The decedent’s will was found after his death in the safety deposit box mentioned in that clause. * There were also found in the box a number of envelopes containing United States Savings Bonds, and a handwritten list of the names of various individuals and organizations, each of which name is followed by serial numbers, dates and face amounts corresponding to specific bonds. The list was addressed to three persons designated ‘executors,’ although none are named in the will itself. There were on each of the envelopes handwritten notations obviously designating the intended recipients of the bonds contained in the envelope. Small slips of paper on which were written further specific notations were secured by rubber bands around each bond or group of bonds intended for a given recipient. All of the individuals and organizations designated are engaged in religious, educational, community or charitable work. It is not contested that the handwriting on the list, envelopes and small slips of paper was the decedent’s, nor can it be seriously disputed that the decedent’s intent was that the named charities should receive the designated bonds upon his death. The issue is simply whether the decedent succeeded in translating that intent into a legally effective disposition, by way of either an inter vivos or testamentary transfer. I find that he did not. If the decedent intended to make his gift under his will, as it is clear that he did, then his writings must satisfy the statutory requirement of 12 Del.C. s 102, which provides that: ‘Every will, whether of personal or real estate, must be in writing and signed by the testator, or by some person subscribing the testator’s name in his presence and by his express direction, and attested and subscribed in his presence by two or more credible witnesses, or it shall be void.’ Either the writings by which the testator attempted to effect these gifts satisfy the statute, or they do not, and the court cannot ease the requirements of the statute in deference to the testator’s intent. ‘The question . . . is not what did the decedent intend to do, but what has he done in the light of the statute. In re Panousseris’ Will, 2 Storey 21, 151 A.2d 518. It is obvious that neither the list, the envelopes nor the small slips of paper, whether taken singly or together, satisfy the statute. They are not signed by the decedent and they are not witnessed. But the defendant charities argue that these writings might yet be effective to invoke the testator’s intent under either the doctrine of integration or the doctrine of incorporation by reference. The doctrines are so closely related as to be frequently confused, but it is clear that they are distinct. Under the doctrine of integration a separate writing is concluded to be an actual part of the testator’s will; that is, the will is found to consist of several writings, one of which is the particular paper then 580
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Law of Wills Browne C. Lewis Leon a
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Notices This is the first edition o
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Table of Contents Law of Wills ....
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Problems and Questions ............
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Welch vs. Wilson, 516 S.E.2d 35 (W.
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Notes and Questions ...............
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Notes, Problems, and Questions ....
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10.3.1 Fraud in the inducement ....
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12.1 Introduction .................
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Matter of Kalouse’s Estate, 282 N
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Preface Both lay persons and buddin
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Part I - The Intestacy System Chapt
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meaning of the Canon, when it becom
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In January 1998, before the husband
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that part of his estate that otherw
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disclose. Ibid. In the context of e
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eveals to Lawyer that he has just e
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meet with Jake Leno and report back
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panel’s finding that his testimon
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witness, because the hearing panel
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incompetent by a court without both
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Whether, under New Hampshire law an
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uildings used in the family busines
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Creating a duty, even under the unf
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Chapter Two: Intestacy System (Basi
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children for purposes of the distri
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Lauren, a widow, had two children,
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nominated himself as the sole perso
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(1) to the issue of the decedent; i
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stirpes,” “classic per stirpes,
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E, will receive her 1/3 share of th
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Scenario Two: Stephen dies intestat
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Thomas A. Fleming was born out of w
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In our view, the 1947 statutes coul
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asked [R.W.] how long has he and hi
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Following the fact finding hearing
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eturned to M.W. She agreed to a psy
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Dr. Dyer testified that in his opin
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U.S. 971, 101 S.Ct. 2049, 68 L.Ed.
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intestacy succession rules. Affirme
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Explanation: Willis estate will be
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Appeal dismissed, with costs to res
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Uniform Probate Code § 2-109 (a) I
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Chapter Three: Intestacy System (Su
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5. In America, there are variations
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On February 6, 1981, Leslie died in
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property to Edith. By such action,
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eversed the separate property deter
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legislative direction to the contra
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V. Virtually every court which has
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Joan last saw Charles in the New Yo
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Helen’s petition came on for a no
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valid, the court shall declare such
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their claim to an interest in the e
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In Estate of Ricci (1962) 201 Cal.A
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which were hers by separate ownersh
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Laikola v. Engineered Concrete, 277
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the party alleging a common-law mar
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3.2.3 Same-Sex Spouse Under the int
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There is no question that Frances
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Bell Joyner (collectively “defend
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2. What was the constructive abando
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on New York Evidence, Section 956,
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each will, Vencie and Melba gave
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days. These provisions constitute a
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Determination of Death 30 (1982), t
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We next address the question of whe
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3.4.3 Dower Ohio Revised Code Ann.
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3.4.4 Fractionalize Forced Share In
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If the decedent and the surviving s
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The effect of the parties’ disagr
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or model act. However, when the leg
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“how the [elective-share] amount
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allowance be deducted twice as a pa
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Thus, as the estate and the trial c
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M. Morrow, another first cousin, wa
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few other states allow the adopted
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II. Constitutionality Child next ar
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“If, for purposes of intestate su
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2. Sylvia R. Fore married George Cl
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Fred Wulf died intestate April 30,
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Jenkins v. Jenkins, 990 So. 2d 807
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Case law in Mississippi is also cle
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Conclusion Based on the foregoing r
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Page was without authority to contr
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Moreover, the purpose of requiring
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probate records of Mrs. Margaret Wi
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Right to inherit from biological pa
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After the natural father in Halterm
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In support of her motion for summar
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This equitable principle of law has
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equitably adoptive parent's brother
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Judgment of the Circuit Court for M
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1983); Wilks v. Langley Adm’r, 45
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transcript shows that the court was
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egardless of age.” An order and j
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parent-child relationship between p
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N.E.2d 820, 822 (Ill. 1994). To det
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of an adopted adult. Accordingly, w
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arred because it is contrary to pub
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construction.” Lang, 35 S.W.3d at
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3. Ellison Sr. could have intended
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occurred.” Id. Therefore, “[t]h
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Acts of 1975, 64th Leg., R.S., ch.
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the natural parents may not inherit
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and seeking his own appointment as
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was open and uncontested and becaus
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170-B:1. The statute already consid
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5.2 Non-Marital Children Most of th
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In applying the Equal Protection Cl
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“An illegitimate child is the leg
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The New York statute, enacted in 18
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during their fathers’ lifetimes,
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Phillips v. Ledford, 590 S.E.2d 280
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(citations omitted) a positive DNA
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Class Discussion Tool LaMeesha had
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The definition of “legitimate”
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We fail to find the necessary State
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Sample State Statutes West's Annota
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legitimate from and through the chi
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Notes and Questions 1. Evaluate the
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I Thomas and Janet are the children
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elationship of an adopted child and
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‘Fifth. If the decedent leaves no
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433, 26 A.L.R.2d 249,cited by appel
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wrote his will. Although it is not
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2460; see id. at p. 2460 [Cal. Law
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foster parent] expressed a desire t
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law, viz., the meaning of the provi
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Chapter Six: Intestacy (Children of
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6.2.1 The Right to Inherit From Fat
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(c) Because the SSA’s interpretat
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The wife presented the judgment of
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Section 1 of the intestacy statute
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See, e.g., L.W.K. v. E.R.C., supra
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more complicated matter. In A.Z. v.
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posthumously conceived child. In an
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distribution statute. After a heari
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(b) Taking against the will of any
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has urged me not to adjudicate this
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going back to at least 1877. The si
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ear his children. Some may question
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of Mr. Finley. The claims were deni
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is left void, superfluous or insign
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(James's issue, in the case of cert
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In order for a post-conceived child
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unless the deceased individual cons
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Questions 1. Which one of the above
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Mitch’s sperm to become pregnant.
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Background Husband and Wife were ma
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any other file, are subject to insp
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husband will not hold them responsi
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K.S. v. G.S., 440 A.2d 64 (N.J. Sup
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In New Jersey, in order to sufficie
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protect the best interests of the c
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Turning to the specific issue befor
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Husband argues implied consent to a
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want to participate in, nor did he
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structure of the statute does not l
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6.5 The Paternity of the Sperm Dono
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parent's constitutional right to pr
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Greenwald, 743 A.2d 977, 979 (Pa.Su
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Custody order affirmed. Support ord
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a large family. Unfortunately, appr
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The analysis and law in support of
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mother under California law.” Joh
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individual's genes. If we are to re
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3. Should genetics be the sole indi
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A bond is created between a gestati
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8. Should there be a presumption th
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Passage of the Act clearly was not
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In deciding the issue of maternity
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6.6.1.4 The Best Interests of the C
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holding of the Court of Appeals tha
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In anticipation of trial, Charles a
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framework for our analysis. 2. The
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contemplate or to control the circu
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Johnson has “discarded both genet
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in any event there is now a lack of
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Instead we affirm on separate and n
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Under California law, a judgment of
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Part II —The Testacy System Chapt
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But the end of future allotment by
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action to encourage consolidation.
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deceased, and others. To review a j
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5. Suppose that Congress required r
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It will not be questioned that marr
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disowned as a member; or if she hav
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7.2.2 Some Restrictions are Reasona
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marriage which imposes only reasona
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National Bank (1961), 87 Ohio Law A
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By exercising her power of appointm
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Max’s beneficiary restriction was
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adoption, in 1969, of the Statute C
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unaffected by the violation of the
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of this estate. In the absence of t
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We conclude, reading Ransdell, Shac
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7. Suppose Dr. Shapira’s will con
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8.3.1 Example Ross had three childr
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Discovery of the 1975 will and the
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Andrews, 125 Nev. 397, 406, 215 P.3
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planning unpredictable. In essence,
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provides: “If the decedent leaves
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child’s interests in the father
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majority of cases hold that under m
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West’s Alaska Statutes Annotated
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The statute also instructs that acq
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While we believe the court did not
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stirpes.’ Further, even if Margar
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This action began with a petition f
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The objectors argue that because Li
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Terry L. Armstrong, John’s brothe
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meaning of “wilfully,” finding
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he killed because an insane person
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5. From a public policy perspective
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Chapter Nine: Testamentary Capacity
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discounted his testimony. Instead,
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Under these circumstances, we agree
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contests the will has the burden of
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maintain the trial court erred in f
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executed. All other evidence concer
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he continued to love Valerie and mi
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the 2001 report, he would have cons
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with testator at rehabilitation hos
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half of $75,000 upon the death of h
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The policy of the law favors testac
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testimony supported the conclusion
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$200 to purchase clothes for hersel
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evidence to be highly probable. In
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slipping the wheatgrass on his sala
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Noblin v. Burgess, 54 So.3d 282 (Mi
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[An appellate court] resolves all c
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presence of Burgess and McDill, as
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physically intimate, and that at so
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matter. We cannot say that the chan
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10.2.2 Undue Influence If the presu
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II. Scope and Standards of Review.
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dominating influence over Clair in
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In re Estate of Rosasco, 31 Misc. 3
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A. There were plenty of instances w
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destroyed free agency, or which, by
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Duress: In the context of contested
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The motion for summary judgment wit
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cause of action against the third p
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intended to induce [Mr.] Schilling
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Does Florida law, statutory or othe
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Class Discussion Tool (Answer this
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(a) Is written, created and stored
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Steve Godfrey (“Deceased”) prep
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Defendant made a properly supported
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who presided at the hearing and hea
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Later in the afternoon Fred and his
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position, that the witnesses are si
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testator’s death.” Kay purporte
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will was properly executed. Id. The
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Viewing this evidence in a light mo
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296, 297, which was a proceeding to
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void. In Fowler v. Stagner, supra,
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extent the subsequent will is incon
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For more than one hundred years, th
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2002. Elizabeth and Kelly are the b
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when they prepared their wills in 2
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execution, or its contents. Rather,
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secreted by some other person with
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As in Jackson and Bowery, it is dem
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Hurricane Katrina, a large number o
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LAW OF WILLS § 21.57 at 446 (rev.
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furniture in the house was left to
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intestate but held that “however
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evocation was based on her mistaken
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2. In 2001, Madison executed a will
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to treat this as a revocation is du
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Section 70 states: “If a person m
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Problems (1) If the testator had no
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It appears from the record that on
Page 552 and 553: The object of the statute is not to
Page 554 and 555: does the will contain anything indi
Page 556 and 557: Chapter Twelve: Non-Attested Wills
Page 558 and 559: when it appears thereby that the de
Page 560 and 561: signature, but part of an unfinishe
Page 562 and 563: emember the North Shore Animal Leag
Page 564 and 565: handwriting “ ‘is exceedingly d
Page 566 and 567: 12.2.2 In the Testator’s Handwrit
Page 568 and 569: In Alexander’s Estate v. Hatcher,
Page 570 and 571: The right to make a will disposing
Page 572 and 573: I The facts—all of which are undi
Page 574 and 575: For example, in Estate of Baker, 59
Page 576 and 577: can come to no other conclusion wit
Page 578 and 579: 5. Nellie and her sisters, Connie a
Page 580 and 581: I. Facts and Procedural History Thi
Page 582 and 583: eference into the Will. We reverse
Page 584 and 585: the completed form to his office pr
Page 586 and 587: (a) The Trustee shall pay the entir
Page 588 and 589: Even in those states in which such
Page 590 and 591: equest to ‘heirs’ or ‘childre
Page 592 and 593: wishes and intentions stated in the
Page 594 and 595: Fifth. It is clear that the judge f
Page 596 and 597: twenty to thirty minutes, during wh
Page 598 and 599: distinctly extraneous document, but
Page 600 and 601: Example: On March 4, 2014, T execut
Page 604 and 605: at issue. 2 Page The Law of Wills s
Page 606 and 607: Lawson exerted undue influence on S
Page 608 and 609: embodiment of the Will Contract New
Page 610 and 611: Problems 1. Jason, a seventy year o
Page 612 and 613: to do necessary work about the plac
Page 614 and 615: The terms of the bequest exactly fi
Page 616 and 617: In the first paragraph she directed
Page 618 and 619: ‘The decedent may have thought he
Page 620 and 621: correction? May the law not untie t
Page 622 and 623: testamentary intent?; and (2) Does
Page 624 and 625: Russell’s will gives Betty a life
Page 626 and 627: affiants, with the intent to act as
Page 628 and 629: supra, 63 Wash.U.L.Q. at 60; Nelson
Page 630 and 631: decedent had not seen or had any co
Page 632 and 633: een executed in compliance with N.J
Page 634 and 635: final assent to the document. Clear
Page 636 and 637: Affirmed. In re Estate of Sky Dance
Page 638 and 639: Although a will was not executed in
Page 640 and 641: Chapter Fifteen: The Stale Will Pro
Page 642 and 643: Example 3: In 2013, Freda left a wi
Page 644 and 645: alike, with the share going to Fran
Page 646 and 647: cousins were dead when testator exe
Page 648 and 649: At the outset, we are not persuaded
Page 650 and 651: The court has followed this rule in
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‘ITEM IV. My real estate located
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effect, (sic) when both description
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intended a half and half division o
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Personal to Chester H. Quinn & Roxy
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2d 199, 214, 238 P.2d 966, 975). Th
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131 P.2d 825; Parsons v. Bristol De
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3. Patent vs. latent ambiguity: Acc
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a brother, Giuseppe, and a sister,
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Early in 2006, Cal Jr. and his wife
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926, 280 P.3d 1110 (2012). Our prim
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esults from allowing the natural ob
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15.3.2.1 Language of the Will M.S.A
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antilapse statutes have been constr
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decedent”). Thus, although the pr
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antilapse statute, words of survivo
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(1997), the antilapse statute, gove
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generally provided that the propert
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testator left all her property to h
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15.4 Ademption The law considers a
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Sewell also obtained an appraisal o
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contravention of the power of attor
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the Fiduciaries [Sewell and Judkins
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thereby allowing the imposition of
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intentional interference with an in
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the testator’s lifetime, that gif
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him even a small sum with intent to
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(c) If the devisee fails to survive
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When this lawsuit was filed, approx
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The doctrine of exoneration has bee
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e paid by the Estate, the debt secu
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16.2.1 Changing the Beneficiary A l
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Accordingly, we affirm the order of
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his consent and without notice to h
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Egelhoff v. Egelhoff ex rel. Breine
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would survive,’ as well as to the
Page 722 and 723:
een adopted by nearly every State-i
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Motor Co., 529 U.S. 861, 873, 120 S
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purpose with federalism’s need to
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and were included in the inventory
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een the property of the daughter up
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Moreover, the settlor may use a dee
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On final submission after evidence
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evidentiary material which has been
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that immediately thereafter the tru
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2. Arthur placed $100,000 worth of
Page 742 and 743:
The co-executors and the trustee do
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not a will construction case, we ar
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presently constituted does not effe
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2. Should the settlor be permitted
show all

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