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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/respdt9957 and id is 1 raw text is: PROPERTY 2D: DONATIVE TRANSFERS DIVISION I. SOCIAL RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY INTERESTS BY DONATIVE TRANSFERS PART II. DIRECT RESTRAINTS ON ALIENATION IN DONATIVE TRANSFERS CHAPTER 3. DEFINITIONS § 3.1 Disabling Restraint Tex.2018. Quot. in sup. Son's children filed an action against, among others, third party who was conveyed land in fee simple by son, seeking a declaratory judgment that decedent intended to devise son a life estate rather than a fee-simple interest in the land, given that decedent's will contained instructional language for son to not sell the land and to pass it down to his children, and that son could not convey a greater interest than a life estate to defendant. The trial court granted defendant's motion for summary judgment. The court of appeals affirmed. This court reversed, holding that the provision clearly expressed decedent's intent to grant a life estate to son. The court looked to Restatement Second of Property: Donative Transfers § 3.1 in rejecting defendant's argument that the words the land is not to be sold constituted an invalid disabling restraint on sale, and explained that the nature of the granted interest had to be resolved before a court could determine whether a restraint on that interest was valid. Knopf v. Gray, 545 S.W.3d 542, 547. Tex.App.2018. Quot. in ftn. Daughter, individually and as executor of mother's estate, sued title company that assisted sons in selling real property that mother had devised to them subject to a no-sale clause, alleging that defendant negligently misrepresented to sons that they had authority to sell the property, when the will only granted them life estates. The trial court granted summary judgment for defendant. Affirming, this court held that, although sons received life estates in the property under the will, plaintiff s negligent-misrepresentation claim was barred by the statute of limitations. The court explained that the will's prohibition against the sale of the property was inherent in the nature of a life estate and was a valid disabling restraint on sale under Restatement Second of Property: Donative Transfers § 3.1. Gutierrez v. Stewart Title Company, 550 S.W.3d 304, 316. PART IV. RESTRAINTS ON INTERFERENCE WITH TRANSFEROR'S DISPOSITIVE PLAN CHAPTER 9. RESTRAINTS ON CONTESTS AND RESTRAINTS ON ATTACKING FIDUCIARIES § 9.1 Restraints on Contests Ga.App.2018. Cit. and quot. in disc., quot. in ftn. In an action brought by trustees seeking a declaration that the trust was valid, beneficiaries of the trust filed a counterclaim challenging the validity of the trust, alleging that trustees, who were settlor' s children, held undue influence over settlor prior to COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved ALI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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