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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/retpwodt0041 and id is 1 raw text is: PROPERTY 3D: WILLS AND OTHER DONATIVE TRANSFERS Generally Me.2015. Cit. generally in ftn. In a partition action brought by tenants in common against co-tenants, this court affirmed the trial court's grant of summary judgment for defendants, holding that plaintiffs' acceptance of a right of first refusal, which was set out in their deeds, resulted in a waiver of their right to partition. The court cited Restatement Second of Property: Donative Transfers § 4.5, and noted that, although the Second Restatement had been superseded by Restatement Third of Property: Wills and Other Donative Transfers, the applicable principles in § 4.5 had not been specifically addressed in the Third Restatement. Pew v. Sayler, 123 A.3d 522, 531. DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY) CHAPTER 3. EXECUTION OF WILLS PART A. EXECUTION FORMALITIES § 3.3 Excusing Harmless Errors Fla.App.2015. Com. (a) cit. in disc. Beneficiaries of testator's New York will petitioned for the administration of testator's New York will, rather than her Argentine will, in Florida. The trial court admitted the Argentine will to probate, concluding that the testator's subsequent Argentine will revoked her New York will. This court reversed, holding that the testator's New York will should have been sent to probate instead. The court noted that the unsigned Argentine will was a nuncupative will, which was invalid under Florida law regardless of whether the testator was a nonresident. The court referred to Restatement Third of Property: Wills and Other Donative Transfers § 3.3, Comment a, in emphasizing the importance of the signatures of the testator and witnesses in order to limit fraud and mistake. Malleiro v. Mori, 182 So.3d 5, 7. DIVISION III. PROTECTIVE DOCTRINES CHAPTER 8. INVALIDITY DUE TO THE DONOR'S INCAPACITY OR ANOTHER'S WRONGDOING PART A. DONOR'S CAPACITY § 8.1 Requirement of Mental Capacity 'A L n For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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