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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/retpwodt9952 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE 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 C. NO-CONTEST CLAUSES § 8.5 No-Contest Clauses Miss.App.2019. Com. (c) quot. in case quot. in sup. After executor of decedent's estate submitted for probate decedent's will and first codicil, which provided for all of decedent's children and grandchildren to receive a share of decedent's estate, decedent's daughter submitted a second codicil under which the bulk of the estate was left to her alone. The trial court entered an order refusing the second codicil for probate following a jury's determination that it was invalid but denied executor's request to have the will's forfeiture provision enforced against daughter, finding that her actions in probating the second codicil were in good faith and did not prevent her from inheriting her share of decedent's estate. This court affirmed, holding that there was sufficient evidence that daughter acted in good faith when submitting the second codicil. The court noted that, under Restatement Third of Property: Wills and Other Donative Transfers § 8.5, the determination of good faith and probable cause had to be inferred from the totality of the circumstances. Estate of Roosa v. Roosa, 328 So.3d 117, 121. DIVISION VII. PRESENT AND FUTURE INTERESTS CHAPTER 24. PRESENT INTERESTS: CLASSIFICATION § 24.1 Present Interest Defined Tex.App.2021. Quot. in sup. In a dispute over a gift deed that decedent had executed to convey his interest in a family ranch to his daughters, decedent's wife sued daughters, seeking, among other things, a declaration that decedent only intended to convey his 1/8 interest in the ranch to daughters, and not his remainder interest in his mother's life estate in 1/8 of the ranch. The trial court granted summary judgment for daughters. Reversing and remanding, this court held that the gift deed unambiguously transferred only decedent's then-present ownership interest in the ranch and did not operate to transfer his remainder interest. The court cited Restatement Third of Property: Wills and Other Donative COPYRIGHT C2022 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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