Law of Wills and Intestate Succession

Assignment for Wednesday, December 2, 2009

1.  Casebook, 500 - Middle of 501 (Trusts).

2.  Farkas Case (Handout; Available on Handout Table).

3.  Casebook, Middle of 682 - Top of 683 (Charitable Trusts).

4.  Casebook, Notes 1-4, Pages 706 - 709.

5.  Evans v Abney (Handout).

6.  Trammel v Elliott (Handout).

 

 

Law of Wills and Intestate Succession

Assignment for Friday, November 20, 2009

1.  Casebook, Pages 450 - Middle of 453 (Fraud).

2.  Casebook, Pages 459 - 460 (Anna Nicole Smith).

3.  UPC § 3-905.

4.  Note 3, Page 468.

5.  Casebook, Ante-Morten Probate, Middle of 469 - 470.

6.  Casebook, Pages 722 - 726 (Text on Powers of Appointment).

Law of Wills and Intestate Succession

Assignment for Wednesday, November 18, 2009 and

Thursday, November 19, 2009

1.  Handout, Estate of Nixon, (Probate Court of Bibb County; Begins materials on UNDUE INFLUENCE).

2.  Casebook, Text on 424 - 425.

3.  Casebook, Notes 1 through 5 on Pages 436 - 437.

4.  Casebook, Note 3 on Page 438.

5.  Casebook, Notes 4, 5, and 6 on Pages 446 and 448.

6.  Casebook, Text on 449.

This assignment follows the material ending with Note 2 on Page 418 of the casebook. 

We will begin with the materials officially designated for November 13.

 

Law of Wills and Intestate Succession

Assignment for Friday, November 13, 2009

1.  Casebook, Page 406 - Note 5.

2.  Casebook, Page 406 - Note 6.

3.  Casebook, Middle of 407 - 410.

4.  Casebook, Bottom of 410 - Middle of 418 (Includes Dougherty on Insane Delusion).

5.  Casebook, Note 2 on Page 418.

 

 

Law of Wills and Intestate Succession

Assignment for Thursday, November 5, 2009 and 
Wednesday, November 11, 2009 

1.  Casebook, Bottom of 351 - Top of 367 (Includes First Interstate Bank and Wolfe's Will).

2.  UPC § 2-507.

3.  UPC § 2-804.

4.  UPC § 2-509.

5.  Casebook, Page 367 - Middle of 373 (Includes Carter, a Georgia case that probably is the best-known case in the entire history of that peculiar doctrine known as dependent relative revocation (DRR).

Reminder: The class will not meet on Friday, November 6, 2009.

Professor Claxton

 

 

 

Law of Wills and Intestate Succession

Please add UPC § 2-607 to your assigned materials on Rehwinkel and Drafts.   

The Law of Wills and Intestate Succession

The class will not meet on Friday, November 6, 2009.

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Friday, October 30, 2009

1.  Casebook, Page 300 - Top of 309 (Includes Rehwinkel).

2.  Text at Bottom of 312 - Top of 313.

3.  UPC § 2-603.

4.  Casebook, Note 1, 2, and 3 on Page 315.

5.  Drafts Case (Handout).

This material on lapse/anti-lapse is a trap for the unwary lawyer. 

Professor Claxton 

 

Law of Wills and Intestate Succession

Assignment for Thursday, October 29, 2009

1.  Casebook, Pages 288 - Top of 297 (Ademption: Includes McGee). The form of ademption covered in this item often is termed ademption by extinction.

2.  UPC § 2-606 (Notice that the Statute refers to nonademption).

3.  Casebook, Page 298 (Including UPC § 2-605) on Accessions.

4.  Casebook, Page 299 (Ademption by Satisfaction and UPC § 2-609).

On Wednesday, October 28, 2009 we will begin with Greenhalge (previous assignment).

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Thursday, October 22, 2009 and

Friday October 23, 2009

1.  Casebook, Top of 264 through 269 (Includes Greenhalge).

2.  UPC §'s 2-510 and 2-513.

3.  Casebook, Top of 271 - Top of 272 (Includes § 2-512) (Text on Facts of Independent Significance).

4.  Casebook, Bottom of 276 - Middle of 278 (Pour-Over Wills and Negative Disinheritance).

5.  Casebook, Middle of 278 - Top of 284 (Omit Problems; Includes Potter) (Abatement).

6. UPC § 3-902.

This assignment follows Beale (handout case).

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Thursday, October 15, 2009

1.  Casebook, Bottom of 255 - Bottom of 257.

2.  Handout, Estate of Beale (this case replaces Norton on Page 257 of the casebook.  The Problem on 263 is based on it.)

Law of Wills and Intestate Succession

Assignment for Wednesday, October 14, 2009

1.  Casebook, Middle of 240 through Note 2 on Pages 244 - 245 (Includes Hall).

2.  UPC § 2-503.

3.  Casebook, Middle of 246 - Top of 255 (Includes Zhao v. Wong and the Charles Kuralt Problem on 253 - 254).

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Thursday, October 8, 2009 and 
Friday, October 9,2009

1.  Casebook, Page 395.

2.  Casebook, Top of Page 403 - Top of Page 405 (Wilson Case).

3.  Casebook, Note 3 on Page 405.

4.  Casebook, Page 224 - Top of 240 (Includes Morris) (Omit Problems).

5.  UPC § 2-501, 2-502, and 2-503.

Professor Claxton

 

Law of Wills and Intestate Succession

Assignment for Friday, October 2, 2009

1.  Casebook, Bottom of 193 - Middle of 196 (Includes Geddings).

2.  UPC § 2-213.

3.  Note 4, Pages 198 - 199 (Model Rule 1.7).

4.  Casebook, Bottom of 200 - Top of 202.

5.  Casebook, Bottom of 210 - Middle of 216 (Includes Glomset).

6.  UPC § 2-302.

7.  Note 3, Page 216 of Casebook.

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Wednesday, September 30, 2009

1.  Problem on Advancements (Handout).

2.  Casebook Bottom of 163 - 165.

3.  Casebook, 166 - 174 (Includes Sullivan).

4.  Casebook, Bottom of 174 - Top of 188 (Read Generally).

5.  Handout from Georgia Probate Notes (In Re: Hunter).

The material in Item 4, dealing mostly with the UPC's Augmented Estate concept, should be read generally.  The concept is very important for what it might say about the future direction of law, but you do not need to be able to execute a detailed application of the statutes.  Give closer attention to the text and to Section 2-202, however.  Section 2-202 deals wit the UPC's elective share formula.

We actively will begin with Baird from the previous assignment.

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Wednesday, September 30, 2009

1.  Problem on Advancements (Handout).

2.  Casebook Bottom of 163 - 165.

3.  Casebook, 166 - 174 (Includes Sullivan).

4.  Casebook, Bottom of 174 - Top of 188 (Read Generally).

5.  Handout from Georgia Probate Notes (In Re: Hunter).

The material in Item 4, dealing mostly with the UPC's Augmented Estate concept, should be read generally.  The concept is very important for what it might say about the future direction of law, but you do not need to be able to execute a detailed application of the statutes.  Give closer attention to the text and to Section 2-202, however.  Section 2-202 deals wit the UPC's elective share formula.

We actively will begin with Baird from the previous assignment.

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Friday, September 18, 2009 and Wednesday, September 23, 2009

 1.  Casebook, Middle of 95 - Top of 97 (Halfbloods).

 2.  UPC § 2-107.

 3.  UPC § 2-114.

 4.  UPC § 2-113.

 5.  Casebook, Middle of 108 - Middle of 109 (Inheritance without Formal Adoption).

 6.  Note 4, Pages 115 - 116.

 7.  Casebook, 117 - 118 (Text on Non-Marital Children).

 8.  Casebook, Top of 146 - Top of 147 (Text on Simultaneous Death).

 9.  UPC § 2-104. 

10.  Casebook, Bottom of 152 through Note 5 on 157 - 158 (Includes Baird).

11.  Bottom of 159 - 163 of Statutory Supplement (Read Generally; Deals with Disclaimers of an Interest).

12.  Casebook, Bottom of 163 - 165 (Advancements).

13.  UPC § 2-109.

Professor Claxton

Law of Wills and Intestate Succession

September 14, 2009

I will not be on jury duty this week, therefore, classes will resume at regular times.

Professor Claxton

Law of Wills and Intestate Succession

Thursday, September 10, 2009 and Friday, September 11, 2009

1.  Casebook, Middle of Page 83 - 88.

2.  UPC § 2-106.

3.  UPC § 2-709.

Copies of this assignment, with the handouts, are available on the third.

 

Remember: Representation schemes apply to lineal descendants of the decedent.  Representation schemes also apply to lineal descendants of collaterals who would have taken if those collaterals has not prededeceased the decendent. 

 

Materials on representation almost always seems difficult at first.  You can deal with it.

 

Professor Claxton

 

 

 

Law of Wills and Intestate Succession

Please add the text on pages 88 - 89 to the Martineau assignment.  This material is not critical for today, (Wednesday, September 9, 2009).

Professor Claxton

LAW OF WILLS AND INTESTATE SUCCESSION

Please add the textual materials on pages 88 and 89 of the casebook to the Martineau assignment.

Professor Claxton

Law of Wills and Intestate Succession

       On Wednesday, September 9, 2009 we will continue with issues raised by the Martineau case.  A new assignment for Thursday, September 10 and Friday, September 11 will follow.

Professor Claxton

Law of Will and Intestate Succession

On Thursday, September 3, 2009 most of the class hour will focus on the list of the Uniform Probate Code sections that were assigned previously.

Professor Claxton

 

Law of Wills and Intestate Succession

Assignment for Friday, September 4, 2009 
and Wednesday, September 9, 2009

1.  Casebook, Top of 73 - 74 (Text on Share of Surviving Spouse).

2.  Casebook, Notes 1 through 6 on Pages 80 - 83.

3.  Martineau Case (Handout).

Inorder to understand the materials in Item 3, you must read those pages very carefully.

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Friday, August 28, 2009

1.  Casebook, Pages 62 - 73.

2.  Note particularly the sections from UPC, especially Section 2-103.

On the surface, this assignment is rather brief and routine.  In reality, it constitutes the core of the major section of the course; intestate succession.

The comments to the UPC Sections (available only in your supplement) will help.

 

Law of Wills and Intestate Succession

Assignment for Wednesday, September 2, 2009

and Thursday, September 3, 2009

UPC Section 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-113, 2-114, and 2-709.

You certainly are not expected to gain a full understanding of these sections now.  I simply want you to read them carefully and get a general sense of their fundamental meaning.  I know that 2-103, 2-106 and 2-709 will be challenges at this stage.  

Professor Claxton 

Law of Wills and Intestate Succession

Remember: The class meets at 8:30 a.m.  each Thursday and Friday.  It meets at 9:40 a.m. only on Wednesday.

 

Professor Claxton

Law of Wills and Intestate Succession

Whenever an assignment includes a handout, the handout will be placed on the table outside Room 344.  I do not use the handout slots.

Professor Claxton

Law of Wills and Intestate Succession

Assignment for Wednesday, August 26, 2009 and Thursday, August 27, 2009

1. Casebook, Pages 940 - 943.
2. Casebook, Pages 943 - 947.
3. Casebook, Notes on Conservators and Guardians, Page 953.
4. Casebook, Note on 957.
5. Casebook, Middle of 958 - 960.
6. Casebook  Middle of 986 - Bottom of 994.
7. Casebook, Middle of 1007 - 1009.
8. Three Handouts (on table outside Room 144).

You will find that most of these materials do not deal with the passage of property at death.  Instead, they deal with issues that affect any individuals toward the end of life (and sometimes earlier).  These times do not represent the core of the course, but they are vital to almost all families today.  

Most of the first days class will focus on the handout dealing with estates.

The required casebook is Estates and Trusts: Cases and Materials, 3rd ed., edited by Debris, Sterk and Leslie (Foundation Press).  Buy a used book if possible.  They are less expensive.

The required statutory supplement is Uniform Trust and Estate Statutes,  2009-2010 edition, edited by Langbein & Waggoner (Foundation Press).  You must have a new, clean, copy.

Assignments will be distributed by computer.  A hardcopy of each assignment will be kept in a notebook on the table outside Room 344.

Whenever an assignment includes a handout, the handout will be placed on the table outside Room 344.  I do not use the handout slots.

Professor Claxton