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Case Citations [i] (Fall 2023)

handle is hein.ali/retpwodt0043 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations PROPERTY 3D (WILLS AND OTHER DONATIVE TRANSFERS) DIVISION III. PROTECTIVE DOCTRINES CHAPTER 8. INVALIDITY DUE TO THE DONOR'S INCAPACITY OR ANOTHER'S WRONGDOING PART B. PROTECTION AGAINST WRONGDOING § 8.3 Undue Influence, Duress, or Fraud Idaho, 2022. Com. (f) cit. and adopted; com. (g) quot. in sup. Beneficiaries of family trust sued trustee, alleging that defendant exerted undue influence on settlor and caused settlor to amend the trust to disinherit plaintiffs. The trial court entered judgment for defendant. This court affirmed, holding that the record supported a finding that settlor had full testamentary capacity at the time of amending the trust such that defendant did not exert undue influence on settlor. The court adopted Restatement Third of Property: Wills and Other Donative Transfers § 8.3, Commentf, in defining circumstances under which a presumption of undue influence arose, and explained that, while defendant assisted settlor with managing daily affairs, there was substantial evidence that defendant did not make financial decisions for settlor, and witnesses testified that settlor was happy and self-determined to make her own decisions, such that there was no dominant-subservient confidential relationship between defendant and settlor. Gestner v. Divine, 519 P.3d 439, 449, 450. § 8.4 Homicide-the Slayer Rule D.S.D.2022. Com. (b) cit. in case cit. in sup.; com. (f) quot. in sup. Life insurer brought an interpleader action, seeking to determine the distribution of life-insurance policy's death benefit given that the policy's sole beneficiary had pleaded guilty to aggravated domestic assault that caused the insured's death. This court granted the insured's children's motion for summary judgment, holding that the original beneficiary was not entitled to insurance benefits under state slayer statutes, because original beneficiary intentionally killed insured by assaulting her with substantial certainty that doing so would kill her. Citing Restatement Third of Property: Wills and Other Donative Transfers § 8.4, the court explained that it was appropriate to apply a broader definition of the term intentionally when interpreting slayer statutes, because the purpose of slayer statutes was to prevent a beneficiary from becoming enriched by wrongdoing. New York Life Insurance Company v. Torrence, 592 F.Supp.3d 836, 841, 843. COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved 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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