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Case Citations [1] (Spring 2024)

handle is hein.ali/retpwodt9954 and id is 1 raw text is: THE AMERICAN
LAW INSTITUTE
Spring 2024 Citations
PROPERTY 3D (WILLS AND OTHER
DONATIVE TRANSFERS)
DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY)
CHAPTER 3. EXECUTION OF WILLS
PART A. EXECUTION FORMALITIES
§ 3.2 Holographic Wills
Alaska, 2023. Rptr's Note 1 quot. in sup. Special administrators of deceased putative testator's estate
filed a petition to identify decedent's heirs and attached a copy of decedent's purported will; non-profit
entity filed a petition seeking the formal probate of alternate version decedent's will that decedent
purportedly provided to non-profit entity. Following a bench trial, the court concluded that the purported
will set forth by administrators and the later version produced by non-profit entity were insufficient to
create a holographic will. This court reversed and remanded, holding that the purported will produced by
administrators was a valid holographic will under state law, because its signature and material portions
of it were in decedent's handwriting. The court cited to Restatement Third of Property: Wills and Other
Donative Transfers § 3.2 in explaining that material portions of the will referred to the words
identifying decedent's property and the devisee. Matter of Estate of Evensen, 531 P.3d 969, 975, 976.
§ 3.3 Excusing Harmless Errors
Conn.App.2023. Cit. in case cit. in ftn. (general cite). Mother, individually and on behalf of minor
child, sued landlord of mother's neighbor for negligence, after the neighbor's dog ran unleashed from
landlord's property to mother's adjoining backyard and attacked and severely injured mother and child.
The trial court granted defendant's motion for summary judgment. This court affirmed, holding, inter
alia, that it would not adopt Restatement Second of Torts § 379A to extend defendant's duty of care
towards third persons to encompass persons who were injured outside defendant's premises, because §
379A conflicted with state caselaw, which strictly limited defendant's liability to injuries that occurred
on its premises. The court noted that it did not follow the Restatement where it conflicted with state law,
pointing to a prior decision in which it declined to adopt Restatement Third of Property: Wills and Other
COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE
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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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