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Case Citations [1] (Fall 2024)

handle is hein.ali/retpwodt9955 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations PROPERTY 3D (WILLS AND OTHER DONATIVE TRANSFERS) DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY) CHAPTER 5. POST-EXECUTION EVENTS AFFECTING WILLS § 5.5 Antilapse Statutes Ala.2022. Quot. in case quot. in sup. and quot. in case quot. in conc. op. Personal representative of testator's estate sued testator's grandson, seeking a declaration that testator's devise or bequest of half of his estate to his son lapsed because his son predeceased him, and that grandson, who was testator's child, did not have any interest in the estate. The probate court found that the state's antilapse statute did not apply and that grandson did not take in place of testator's son. This court reversed and remanded, holding that, pursuant to the antilapse statute, grandson was entitled to the share of the estate that testator left to his son as a lineal descendant. The court cited Restatement Third of Property: Wills & Donative Transfers § 5.5 in reasoning that testator's will did not give any indication that he did not want the antilapse statute to apply. A concurring opinion cited § 5.5 in pointing out that testator did not express any hostility toward grandson, as did some disinheritance clauses that specifically named those individuals or classes of individuals who were excluded from inheriting. Shirley v. Dawkins, 369 So.3d 127, 133, 138. COPYRIGHT (02024 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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