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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/retpwodt9948 and id is 1 raw text is: PROPERTY 3D: WILLS AND OTHER DONATIVE TRANSFERS DIVISION II. NONPROBATE TRANSFERS (GIFTS AND WILL SUBSTITUTES) CHAPTER 6. GIFTS § 6.1 Requirements Applicable to All Gifts of Property N.D.2019. Cit. in sup. Adult children of property owner filed an action to quiet title to two parcels of real property that owner purportedly transferred to them in 2005 quitclaim deeds. The trial court granted summary judgment for adult children, finding that a 2001 warranty deed, in which owner had conveyed the same parcels to his minor children, was void, because the minor children lacked capacity to enter into contracts relating to real property. While affirming on other grounds, this court held that the trial court erred in finding that the 2001 deed was void. The court cited Restatement Third of Property: Wills and Other Donative Transfers §§ 6.1, 6.3, and 8.2 in explaining that the 2001 deed was not void, because a donative transfer of real property, intended as a gift, between a parent and child did not have to comport with all rules of law concerning contracts, but rather, had to be consistent with the rules of law concerning gifts and transfers of real property, and those requirements were met here. Fettig v. Estate of Fettig, 934 N.W.2d 547, 553. § 6.3 Gifts of Land N.D.2019. Cit. in sup. Adult children of property owner filed an action to quiet title to two parcels of real property that owner purportedly transferred to them in 2005 quitclaim deeds. The trial court granted summary judgment for adult children, finding that a 2001 warranty deed, in which owner had conveyed the same parcels to his minor children, was void, because the minor children lacked capacity to enter into contracts relating to real property. While affirming on other grounds, this court held that the trial court erred in finding that the 2001 deed was void. The court cited Restatement Third of Property: Wills and Other Donative Transfers §§ 6.1, 6.3, and 8.2 in explaining that the 2001 deed was not void, because a donative transfer of real property, intended as a gift, between a parent and child did not have to comport with all rules of law concerning contracts, but rather, had to be consistent with the rules of law concerning gifts and transfers of real property, and those requirements were met here. Fettig v. Estate of Fettig, 934 N.W.2d 547, 553. DIVISION III. PROTECTIVE DOCTRINES CHAPTER 8. INVALIDITY DUE TO THE DONOR'S INCAPACITY OR ANOTHER'S WRONGDOING PART A. DONOR'S CAPACITY COPYRIGHT ©2020 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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