About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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

handle is hein.ali/retpwodt9946 and id is 1 raw text is: PROPERTY 3D: WILLS AND OTHER DONATIVE TRANSFERS DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY) CHAPTER 2. INTESTACY § 2.1 General Principles and Definitions Mo.App.2018. Quot. in disc. After decedent's family members presented several wills before a probate decedent had died intestate, adopted daughter and other family members filed a petition in trial court, alleging that none of decedent's four wills were valid and that decedent had died intestate; opposing family members argued that decedent had not died intestate, because two wills were still pending in probate court. The trial court entered judgment for plaintiffs. This court affirmed, holding that defendants' counterclaim to enforce the pending wills was barred by res judicata because the probate court had already determined that decedent had died intestate. The court cited Restatement Third of Property: Wills & Other Donative Transfers § 2.1 in explaining that, because the probate court found, and this court affirmed, that decedent had died intestate, a determination on this will contest would be an impermissible collateral attack on a final judgment. Atkinson v. Firuccia, 567 S.W.3d 190, 195. CHAPTER 5. POST-EXECUTION EVENTS AFFECTING WILLS § 5.5 Antilapse Statutes Cal.App.2018. Cit. in sup.; com. (o) quot. in sup. After testator died, leaving a will that transferred all of her property to her life partner and an aunt who predeceased her, testator's life partner filed a petition for an order declaring that he was entitled to the entire estate as the sole surviving residuary beneficiary; testator's half-brother argued that the lapsed gift passed to the estate and that he was entitled to distribution of aunt's share under the state's intestacy laws. The probate court found in favor of half- brother and entered an order transferring the residuary gift that would have passed to aunt to the estate. Reversing and remanding, this court held that the lapsed gift went to testator's life partner based on the plain language of the state's anti-lapse statute and the legislature's clear intent to abolish the no residue of a residue rule and avoid intestacy. The court explained that, under Restatement Third of Property: Wills and Other Donative Transfers § 5.5, a residuary devise like the one at issue lapsed and passed to intestacy only if an anti-lapse statute did not apply and no residuary devisee survived the testator. Estate of Stockird, 241 Cal.Rptr.3d 713, 719. DIVISION III. PROTECTIVE DOCTRINES COPYRIGHT 02019 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most