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Case Citations [i] (Fall 2025)

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                           THE AMERICAN


                           LAW INSTITUTE



                                    Fall 2025 Citations



           PROPERTY 3D (WILLS AND OTHER

                     DONATIVE TRANSFERS)



             DIVISION  I. PROBATE   TRANSFERS (WILLS AND INTESTACY)

                          CHAPTER   3. EXECUTION OF WILLS

                          PART  A. EXECUTION   FORMALITIES

§ 3.1 Attested Wills

Mont.2024. Com. (i) cit. in statute quot. in sup. After decedent's daughter filed a petition for informal
appointment as personal representative in intestacy to administer decedent's estate, decedent's brother
filed a petition for formal proceedings to probate as an enforceable will a video recording in which
decedent left his possessions to brother, which decedent made prior to being killed in a motorcycle
accident. The trial court denied brother's petition. This court affirmed, holding that a video recording
was not a document that could qualify as decedent's will within the meaning of the state statute
governing intended wills. The court cited Restatement Third of Property: Wills and Other Donative
Transfers § 3.1 in pointing out that all statutes, including the original and revised versions of the
Uniform Probate Code, required a will to be in writing, and noted that decedent's video recording lacked
any form of statutory authentication, even under a liberal construction of the provision. Matter of Estate
of Beck, 557 P.3d 1255, 1258.



                            PART  B. RELATED   DOCTRINES

§ 3.6 Incorporation by Reference

Conn.App.2024. Quot. in sup., com. (b) quot. in sup, com. (h) cit. in sup. After the probate court
decreed that a 99-year lease agreement for a commercial property that commenced on the death of the
property owner was invalid, tenant, who was the daughter of the deceased property owner, filed an
action against beneficiaries of the owner's will who were bequeathed the commercial property on which

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