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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/retpwodt9951 and id is 1 raw text is: PROPERTY 3D: WILLS AND OTHER DONATIVE TRANSFERS Generally Iowa App.2020. Cit. generally in case cit. in disc. Mother sued son and daughter-in-law, alleging that she was entitled to the return of monies conveyed through gift letters for the purpose of helping defendants acquire a home, because defendants violated the parties' oral promise that plaintiff would have partial ownership over the property and would live in it. The trial court entered judgment for plaintiff. This court affirmed, holding, inter alia, that extrinsic evidence supported a finding that plaintiff's payments were revocable gifts subject to a condition. The court noted that, under these circumstances, it was appropriate to look to Restatement Third of Property: Wills and Other Donative Transfers § 10.2 to determine whether extrinsic evidence could be examined, because Iowa relied on the Restatement to resolve issues in gift law. Myers v. Myers, 955 N.W.2d 223, 232. DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY) CHAPTER 3. EXECUTION OF WILLS PART A. EXECUTION FORMALITIES § 3.1 Attested Wills La.2021. Com. (q) quot. in case quot. in sup. After son and daughter of deceased testator petitioned to probate testator's notarized will, brother of petitioners intervened, alleging that the will should be declared null and void, because the testamentary clause of the will failed to state that testator signed each separate page and the end of the will in compliance with state probate statutes. The trial court invalidated the will and appointed brother as provisional administrator. The court of appeals reversed in part. On review, this court affirmed, holding that testator substantially complied with formalities by signing the end of the will and on each page before a notary and witnesses, such that he was protected from risk of fraud. Citing Restatement Third of Property: Wills and Other Donative Transfers § 3.1, Comment q, the court observed that attestation clauses were not a requirement for valid and enforceable wills but instead raised a rebuttable presumption of the truth of the recitals. Succession of Liner, 320 So.3d 1133, 1139. CHAPTER 4. REVOCATION OF WILLS § 4.1 Revocation of Wills COPYRIGHT ©2022 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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