Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/retpwodt0041 and id is 1 raw text is: 





             PROPERTY 3D: WILLS AND OTHER

                        DONATIVE TRANSFERS





  Generally

  Me.2015. Cit. generally in ftn. In a partition action brought by tenants in common against co-tenants,
  this court affirmed the trial court's grant of summary judgment for defendants, holding that plaintiffs'
  acceptance of a right of first refusal, which was set out in their deeds, resulted in a waiver of their right
  to partition. The court cited Restatement Second of Property: Donative Transfers  4.5, and noted that,
  although the Second Restatement had been superseded by Restatement Third of Property: Wills and
  Other Donative Transfers, the applicable principles in  4.5 had not been specifically addressed in the
  Third Restatement. Pew v. Sayler, 123 A.3d 522, 531.



               DIVISION   I. PROBATE  TRANSFERS (WILLS AND INTESTACY)

                            CHAPTER 3.   EXECUTION OF WILLS

                            PART  A. EXECUTION FORMALITIES

   3.3 Excusing Harmless Errors

  Fla.App.2015. Com. (a) cit. in disc. Beneficiaries of testator's New York will petitioned for the
  administration of testator's New York will, rather than her Argentine will, in Florida. The trial court
  admitted the Argentine will to probate, concluding that the testator's subsequent Argentine will revoked
  her New York will. This court reversed, holding that the testator's New York will should have been sent
  to probate instead. The court noted that the unsigned Argentine will was a nuncupative will, which was
  invalid under Florida law regardless of whether the testator was a nonresident. The court referred to
  Restatement Third of Property: Wills and Other Donative Transfers  3.3, Comment a, in emphasizing
  the importance of the signatures of the testator and witnesses in order to limit fraud and mistake.
  Malleiro v. Mori, 182 So.3d 5, 7.



                          DIVISION  III. PROTECTIVE   DOCTRINES

      CHAPTER 8.   INVALIDITY DUE TO THE DONOR'S INCAPACITY OR ANOTHER'S
                                       WRONGDOING

                               PART   A. DONOR'S  CAPACITY

   8.1 Requirement of Mental Capacity




'A L    n   For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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