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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/respdt0056 and id is 1 raw text is: PROPERTY 2D: DONATIVE TRANSFERS Generally Okl.App.2016. Cit. generally in case cit. in disc., cit. generally in law review article cit. in disc., cit. generally in ftn. In an action to probate decedent's will filed by wife and personal representative of decedent's estate, this court affirmed the trial court's denial of decedent's adult children's motions for summary judgment, holding that plaintiff was not precluded by a prenuptial agreement from receiving additional property, because decedent retained complete control of his property when he signed the agreement and that decedent's power of appointment in the will was valid to convey trust property interest to minor child. In making its decision, the court acknowledged that Oklahoma followed Restatement Second of Property: Donative Transfers where there was no statutory authority or case law to the contrary. Matter of Estate of Pierce, 394 P.3d 316, 322. DIVISION II. POWERS OF APPOINTMENT, CLASS GIFTS, AND RELATED MATTERS PART V. POWERS OF APPOINTMENT CHAPTER 17. THE DONEE'S INTENT TO APPOINT § 17.1 Significance of Donee's Intent to Appoint Okl.App.2016. Cit. and quot. but dist., cit. and quot. in case quot. in diss. op.; com. (b) quot. but dist. Wife and personal representative of decedent's estate filed a petition to probate decedent's will, the validity of which was challenged by decedent's adult children on grounds that a prenuptial agreement between plaintiff and decedent precluded her from receiving additional property designated in the will and that decedent did not properly exercise the power of appointment over trust property conveyed to minor child in will. The trial court denied defendants' summary-judgment motions. Affirming, this court held that plaintiff was not precluded from receiving additional property since decedent retained complete control of his property when he signed the prenuptial agreement and that decedent's power of appointment in the will was valid to convey trust property interest to minor child. The court rejected defendants' reliance on Restatement Second of Property: Donative Transfers § 17.1, reasoning that, among other things, it did not address whether a failure to comply with a donor's reference requirement was a formality that could be disregarded. Matter of Estate of Pierce, 394 P.3d 316, 322, 327. § 17.4 Appointive Assets Identified in Dispositive Instrument of Donee Okl.App.2016. Quot. in disc. Wife and personal representative of decedent's estate filed a petition to probate decedent's will, the validity of which was challenged by decedent's adult children on grounds that a prenuptial agreement between plaintiff and decedent precluded her from receiving additional property designated in the will and that decedent did not properly exercise the power of appointment For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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