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

handle is hein.ali/retpwodt9943 and id is 1 raw text is: PROPERTY 3D: WILLS AND OTHER DONATIVE TRANSFERS Generally C.A.3, 2017. Cit. generally in ftn. Retired vice-president brought an action against his former employer who funded and administered an ERISA pension plan, seeking a declaration that defendant miscalculated his average by basing it on a pay rate deemed to be in effect at retirement. The district court granted defendant's motion for summary judgment. This court affirmed, holding that defendant's interpretation of the plan was reasonable, because the plan was ambiguous as to the calculation of final compensation for disabled participants, plaintiff s position was counterintuitive, and any conflict of interest did not affect defendant's decision. The court noted that the Restatement Third of Property: Wills and Other Donative Transfers was the recommended Restatement for trust-document interpretation. Dowling v. Pension Plan for Salaried Employees of Union Pacific Corporation and Affiliates, 871 F.3d 239, 247. Okl.App.2016. Cit. generally in case cit. in disc., cit. generally in ftn., cit. generally in law review article. 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. The court noted that there was no material difference between the relevant sections of Restatement Second of Property: Donative Transfers, which Oklahoma often followed, and Restatement Third of Property: Wills & Other Donative Transfers, which was not yet adopted by Oklahoma. Matter of Estate of Pierce, 394 P.3d 316, 322. DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY) CHAPTER 3. EXECUTION OF WILLS PART A. EXECUTION FORMALITIES § 3.1 Attested Wills Md.2017. Com. (f) quot. in sup.; com. (p) quot. in case quot. in sup. Testator's wife challenged testator's will, claiming that the will did not satisfy the statutory requirement of attestation, because, among other things, the witnesses did not sign on the same page as testator or on physically connected pages. The trial court granted summary judgment for testator's estate, and the court of appeals affirmed. Affirming, this court held that, when a testator and witnesses signed on separate pages of a A L Io For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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