Cases Flashcards
Hodel v. Irving
Native American case. Court overturned law that forbade devising fractional interest in land. Cannot abrogate power of disposition, it is a part of the bundle of sticks. Previously the right to transfer property at death was not viewed as a constitutionally protected right.
Shaw Family Archive v. CMG Worldwide
The post mortem right of publicity. A will can only devise property owned by the testator at the time of death. Marilyn Monroe case.
Shapira v. Union National Bank
Will required sons to marry a Jewish girl whose both parents were Jewish” within 7 years of father’s death. Court found enforcing the condition (1) did not offend a fundamental right to marry in the constitution, and (2) it was only a partial restraint, not a full restraint on marriage. They allowed the provision to stand.
Janus v. Tarasewicz:
Tylenol poisoning case. Husband dies and then wife 48 hours later. Husband had life insurance policy naming wife beneficiary and his mom in the vent his wife predeceased him.
Woodward v. Commissioner of Social Security
Husband undergoing leukemia treatment freezes sperm in worries he would go sterile, and he does shortly thereafter. Wife has children with his sperm and is denied SS surviving children benefits. Court lays out the steps similar to UPC
In Re Martin B
Posthumously concieved child case that says “In dealing with trusts, wills, etc “where a governing instrument is silent, children born of this new biotechnology with the consent of their parent are entitled to the same rights “for all purposes as those of a natural child.”
In re Estate of Mahoney
wife not given money after she was charged with manslaughter of her husband.
Drye v. US
Disclaimed inheritance could be gone after for taxes, Drye’s daughter took money and put it in trust that benefitted Drye .
Legal title to the money was in the hands of another, who was not subject to the tax lien of the IRS, But Drye had exercised dominion over it in allowing it to be transferred
Thus it was in fact his property
Astrue v. Capato
Rule/Holding: Federal government looks to state intestacy law to see if federal death benefits can be inherited by posthumously conceived children
Hall v. Vallandingham
Whether kids who had been adopted by their stepfather could inherit via intestacy from their natural uncle.
Rule: Family Law Art. Section:5-308 plainly mandates that adoption be considered ‘”rebirth” into a completely different relationship, and once a child is adopted, the rights of both the natural parents and relatives are terminated
Minary v. citizens fidelity bank
You cannot adopt your spouse and have them be treated as your issue for inheritance of a remote ancestor.
In re Wright’s Estate
General capacity -
Witness testified on isolated acts, oddities of testator to say had no capacity.
The legal presumption in favor of sanity. it is the duty of the subscribing witnesses to be satisfied of the testator’s sanity before they subscribe the instrument.
Wilson v. Lane
General capacity -
Alzheimers does not equal lack of capacity if the person was of a clear mind when they chose beneficiaries and when the will was signed.
Breeden v. Stone
Insane Delusion: Rule: To sustain a cause of action, the insane delusion must actually materially affect the will.
Court used insane delusion test and Cunningham test (sound mind) to determine if Breeden was of capacity.
Lipper v. Weslow
Undue influence: Testator had told friends she did not like the relatives she cut out of the will. Thus, there was extrinsic evidence that the will matched her intentions.
Rule: Even where the presumption of undue influence might exist, it may be overcome if independent evidence of testator’s intent matching that in the will exists (such as verbal statements by testator that she didn’t get along with a disinherited party).
Latham v. Father Divine:
Durress - Mary Sheldon Lyon left her estate to defendant, Father Divine, a leader of a religious group. Plaintiffs, the testator’s first cousins sought to have a constructive trust imposed on the defendant’s gift on grounds that the defendant defrauded and unduly influenced Lyon. The plaintiffs claim that Lyon expressed a desire on several occasions to include them as beneficiaries in her will, but the defendants killed the her before the will could be executed. When an heir or devisee under a will prevents the testator from making a will or deed in favor of another, by fraud, duress, or undue influence, such heir or devisee will be deemed a trustee over the gift in favor of the intended beneficiary.
Schilling v. Herrera:
Tortious interference with an expectancy:
The brother, the decedent’s only heir-at-law, alleged that the decedent named him in her will as her personal representative and sole beneficiary. She was later hospitalized and, after her release, moved in with the caretaker. Alleged the caretaker used undue influence to convince the decedent to name caretaker as personal representative and sole beneficiary. Caretaker didn’t call brother about death until after will had been executed
In re Groffman:
Strict Compliance
had witnesses sign his will at a dinner party. But the testator had previously signed. Court acknowledged the testators intent was clear, but threw it out because the testator did not sign in front of the witnesses.
Steven v. Cardorph:
Will was signed by various bank employees, some in front of the testator, others not. None of them saw him sign. Court throughout for strict compliance. The dissent argued that there was no evidence of fraud. Coercion, or undue influence and that substantial compliance with will requirements should be enough.
Taylor v. Holt
a man typed out his name in cursive in front of witnesses, printed it out, and they signed. Tenn. Court held that it was OK.
Estate of Morea –
Interested Witness
Two of the three witnesses took under the will. Found a loop hole to allow one of those to take what his share would be through intestacy… making him a disinterested party.
Pavlinko’s Estate –
swapped wills
Ukrainian speakers. Court ruled invalid. Could not use the misdescription doctrine because of specific references (names not brother/husband etc.)
