294 research outputs found

    Correcting the Record Regarding the Restatement of Property\u27s Slayer Rule

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    In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. The organizer of the symposium, Professor Anita Bernstein, did not afford an opportunity for Restatement reporters to comment on the articles. The organizer did invite the Director of the American Law Institute, Lance Liebman, to contribute an essay commenting on the symposium as a whole. Liebman\u27s essay-unintentionally no doubt-misstated the position that we took in formulating the slayer rule for the Restatement (Third) of Property: Wills and Other Donative Transfers. Liebman\u27s misstatement-that we recommended that the Institute adopt a rule allowing a murderer to inherit from his or her victim-needs to be corrected

    Redesigning the Spouse\u27s Forced Share: A Proposal

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    The following article is adapted from Langbein and Waggoner, Redesigning the Spouse\u27s Forced Share, 22 Real Property, Probate & Trust Journal 303 (1987). The Joint Editorial Board for the Uniform Probate Code recently accepted in principle the idea for redesigning the elective share presented in that article. Legislative language incorporating the authors\u27 proposals has been approved by the Joint Editorial Board and will soon be submitted to the National Conference of Commissioners on Uniform State Laws for official inclusion in the Uniform Probate Code

    Reforming the Law of Gratuitous Transfers: The New Uniform Probate Code

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    In the mid-1980s the Uniform Law Commission undertook a landmark revision of the American law of gratuitous transfers. These reforms culminated in a drastically revised Uniform Probate Code ( UPC ). The revisions inspired the Albany Law Review to organize this symposium issue for the purpose of examining the 1990 UPC. In this introductory paper, we point to the main themes of the reform movement, discuss some of the traits and constraints of the uniform law process, and comment on some of the suggestions and insights that appear in the symposium articles

    Effects of infrequent dried distillers grain supplementation on spring-calving cow performance

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    Feed and supplement costs and the expenses associated with delivery of winter supplements account for a large proportion of the total operating expenditures for cow-calf producers. Cattle grazing low-quality dormant native range (<6% crude protein) typically are unable to consume sufficient protein from the forage base, which limits microbial activity and forage digestion. Supplemental protein often is required to maintain cow body weight and body condition score during the last trimester of pregnancy. Low cow body condition scores at calving are common and may negatively affect lactation, rebreeding rates, and calf weaning weight. Failure to maintain proper nutritional status during this period severely affects short-term cow performance, reduces overall herd productivity, and limits profit potential. The most effective means of supplying supplemental protein to cows consuming dormant native range is to provide a small amount of high-protein feedstuff (>30% crude protein). Dried distillers grains with solubles (DDGS) are a by-product of the ethanol refining process. Distillers grains supply the recommended 30% crude protein level, are readily available, and often are favorably priced compared with more traditional feedstuffs. With the rising costs of inputs in today’s cow-calf sector, reducing cost is necessary to maintain viability of the national cowherd. Reducing the frequency of supplementation results in less labor and fuel use, effectively reducing input costs; however, this is viable only as long as cow performance is maintained at acceptable levels. Therefore, the objective of this study was to examine the effects of infrequent supplementation of dried distillers grains with solubles on cow body weight and body condition score

    The Emergence of a General Reformation Doctrine for Wills

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    Although it has been axiomatic that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in New York, Michigan, New Jersey, and California have decided cases within the last several years that may presage the abandonment of the ancient no-reformation rule. (In re Snide, 52 N.Y.2d 193, 418 N.E.2d 656, 437 N.Y.S.2d 63 (1981); Estate of Kremlick, 331 N.W.2d 228 (Mich. 1983); Engle v. Siegel, 74 N.J. 287, 377 A.2d 892 (1977); and Estate of Taff, 63 Cal. App. 3d 319, 133 Cal.Rptr. 737 (1976).) The new cases do not purport to make this fundamental doctrinal change, although the New York court did announce an explicit exception to the noreformation rule and the other three courts did disclaim a related rule, sometimes called the plain meaning rule. That rule, which we will be calling the no-extrinsic-evidence rule, prescribes that courts not receive evidence about the testator\u27s intent apart from, or in opposition to, the legal effect of the language he uses in the will itself. The three courts said that they were consulting extrinsic evidence (in the California and New Jersey cases, primarily the testimony of the lawyers whose poor draftsmanship had led to the litigation) in order to engage in construction of supposedly ambiguous instruments. In this article, which both summarizes and updates an extensively footnoted article published last year ( Reformation of Wills on the Ground of Mistake: Change of Direction in American Law? 130 University of Pennsylvania Law Review 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires

    Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?

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    Although it has been axiomatic that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient no-reformation rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the plain meaning rule. That rule, which hereafter we will call the no-extrinsic-evidence rule, prescribes that courts not receive evidence about the testator\u27s intent apart from, in addition to, or in opposition to the legal effect of the language which is used by him in the will itself. The two courts said that they were consulting extrinsic evidence (primarily the testimony of the lawyers whose poor draftsmanship had led to the litigation) in order to engage in construction of supposedly ambiguous instruments. In truth, each of the two wills was utterly unambiguous. What each court actually did was to prefer the extrinsic evidence of the testator\u27s intent over the contrary but mistaken language in the will

    Correcting the Record Regarding theRestatement of Property’s Slayer Rulein the Brooklyn Law Review’sSymposium Issue on Restatements

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    In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. The organizer of the symposium, Professor Anita Bernstein, did not afford an opportunity for Restatement reporters to comment on the articles. The organizer did invite the Director of the American Law Institute, Lance Liebman, to contribute an essay commenting on the symposium as a whole. Liebman’s essay—unintentionally no doubt—misstated the position that we took in formulating the slayer rule for the Restatement (Third) of Property: Wills and Other Donative Transfers. Liebman’s misstatement—that we recommended that the Institute adopt a rule allowing a murderer to inherit from his or her victim—needs to be corrected

    Reforming the Law of Gratuitous Transfers: The New Uniform Probate Code

    Get PDF
    In the mid-1980s the Uniform Law Commission undertook a landmark revision of the American law of gratuitous transfers. These reforms culminated in a drastically revised Uniform Probate Code ( UPC ). The revisions inspired the Albany Law Review to organize this symposium issue for the purpose of examining the 1990 UPC. In this introductory paper, we point to the main themes of the reform movement, discuss some of the traits and constraints of the uniform law process, and comment on some of the suggestions and insights that appear in the symposium articles
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