Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/retpwodt9943 and id is 1 raw text is: 





             PROPERTY 3D: WILLS AND OTHER

                         DONATIVE TRANSFERS





  Generally

  C.A.3, 2017. Cit. generally in ftn. Retired vice-president brought an action against his former employer
  who funded and administered an ERISA pension plan, seeking a declaration that defendant
  miscalculated his average by basing it on a pay rate deemed to be in effect at retirement. The district
  court granted defendant's motion for summary judgment. This court affirmed, holding that defendant's
  interpretation of the plan was reasonable, because the plan was ambiguous as to the calculation of final
  compensation for disabled participants, plaintiff s position was counterintuitive, and any conflict of
  interest did not affect defendant's decision. The court noted that the Restatement Third of Property:
  Wills and Other Donative Transfers was the recommended Restatement for trust-document
  interpretation. Dowling v. Pension Plan for Salaried Employees of Union Pacific Corporation and
  Affiliates, 871 F.3d 239, 247.

  Okl.App.2016. Cit. generally in case cit. in disc., cit. generally in ftn., cit. generally in law review
  article. In an action to probate decedent's will filed by wife and personal representative of decedent's
  estate, this court affirmed the trial court's denial of decedent's adult children's motions for summary
  judgment, holding that plaintiff was not precluded by a prenuptial agreement from receiving additional
  property, because decedent retained complete control of his property when he signed the agreement and
  that decedent's power of appointment in the will was valid to convey trust property interest to minor
  child. The court noted that there was no material difference between the relevant sections of Restatement
  Second of Property: Donative Transfers, which Oklahoma often followed, and Restatement Third of
  Property: Wills & Other Donative Transfers, which was not yet adopted by Oklahoma. Matter of Estate
  of Pierce, 394 P.3d 316, 322.



               DIVISION   I. PROBATE TRANSFERS (WILLS AND INTESTACY)

                             CHAPTER 3. EXECUTION OF WILLS

                             PART  A. EXECUTION FORMALITIES

   3.1 Attested Wills

  Md.2017. Com.  (f) quot. in sup.; com. (p) quot. in case quot. in sup. Testator's wife challenged
  testator's will, claiming that the will did not satisfy the statutory requirement of attestation, because,
  among other things, the witnesses did not sign on the same page as testator or on physically connected
  pages. The trial court granted summary judgment for testator's estate, and the court of appeals
  affirmed. Affirming, this court held that, when a testator and witnesses signed on separate pages of a




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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?