The Banking Law Journal 1992: Vol 109 Index

19 Pages·1992·4.1 MB·English

1992 DIGEST INDEX
VOLUME 109
The following table shows the pages at which each monthly issue of THE BANKING
Law JOURNAL during the year 1992 begins and ends:
January/February 3-112 July/August
March/April September/October
May/June 203-296 November/December
The 1992 Digest Index contains judicial decisions and articles that have appeared in
THE BANKING LAW JOURNAL during 1992, The entire arrangement, including section
numbers, follows the plan of the Eighth Edition of the Banking Law Journal Digest,
which contains summaries of more than 15,000 banking decisions that have been pub-
lished in THE BANKING LAW JOURNAL from the time of its establishment in 1889 down to
and including December 1991. The Cumulative Supplement, which is updated annually,
contains subsequent cases.
CONTENTS
Page Page
PART I—BANKING LAW 3. BANK SUPERVISION AND
REGULATION
1. ORGANIZATION AND STRUCTURE § 22.05 Powers of Federal
Reserve Board
§4.40 Liability of Directors, § 23.05 Federal Deposit
In General Insurance Corporation,
§ 6.15 Liability on Note In General
§7.50 Leases and Mortgages § 23.15 Administrative Powers
§ 23.25 Receivership of a
Closed Bank
2. BANK POWERS AND FUNCTIONS § 23.30 Receivership of
Insolvent Bank
§9.05 In General 4. SPECIALIZED ORGANIZATIONS
§ 10.05 Contractual Obligations, WITH BANKING FUNCTIONS
In General
§ 13.00 Real Estate Loans § 26.00 Savings and Loan
§ 13.70 Foreclosure Associations
§ 13.85 Right to Deficiency
§ 14.10 Relation Between Bank 6. CONSUMER CREDIT
and Borrower PROTECTION
$14.35 Participating Loans
§ 19.25 Right of Setoff, § 35.00 In General
In General § 35.05 State Laws
§ 20.05 Joint Deposits, § 35.10 Expedited Funds
In General Availability Act
BANKING LAW JOURNAL
§ 38.10 Truth-in-Lending Act,
Disclosure
Proof of Revocation
7. OFFENSES BY BANK AND BANK Implied by Operation
CRIMES
Proof of Revocation
§ 39.10 Transactions Held Not Implied by a Writing
Usurious Burdens of Proof
§ 39.45 Usury as a Defense and Presumptions
by Guarantor Testamentary Capacity
§ 40.10 Conversion to Revoke Wills
§ 40.20 Misapplication of Funds... . Testamentary Capacity
§ 40.30 Breach of Fiduciary Duty... Undue Influence
§ 40.35 Property Excluded
§ 40.40 Racketeer Influenced and From Estate
Corrupt Organizations Act. . Property Held in
Joint Tenancy or
Tenancy by the
PART II—BANKRUPTCY Entirety
Renunciation or
8. LIQUIDATION Disclaimer by
Beneficiary
§ 45.10 Debts Incurred by Fraud ...
§ 46.20 Avoidance of Preferential 15. CONSTRUCTION OF WILLS
Transfers
§ 64.05 Nature and Extent of
Beneficiary’s Interest
PART If1I—TRUST AND ESTATES LAW § 64.45 Testator’s Intent
§ 65.20 Adopted Children
12. EXECUTION AND ATTESTATION § 65.25 Illegitimate Children
OF WILLS § 65.30 Omitted Spouse
or Children
§ 55.20 Attestation
§ 55.35 Witnesses
§ 56.05 Holographic Wills 16. TRUSTS
§ 57.05 Joint and Mutual Wills
§57.15 Other Contracts § 67.25 Charitable
§ 68.00 Powers and Duties
13. EXECUTORS AND of Trustee
ADMINISTRATORS § 68.35 Allocation of Assets to
Income or Principal
§ 58.05 Appointment
§ 58.20 Removal
§ 59.05 Presentment and
PART IV—ARTICLE 3,
Payment of Claims
COMMERCIAL PAPER
§ 59.30 Prudent Investment
and Sales
19. NEGOTIABILITY AND
14. VALIDITY OF WILLS ESSENTIAL ELEMENTS OF
NEGOTIABILITY
§ 60.10 Admissible Evidence and
Findings § 88.00 Construction of
§ 60.15 Timely Filing Negotiable Instruments ....
1992 DIGEST INDEX
Page Page
22. LIABILITY OF THE PARTIES PART VI—OTHER ARTICLES
OF THE UCC
§ 103.15 Dummy Payee/Fraudulent
Employee 30. ARTICLE 5, LETTERS OF CREDIT
§ 112.00 Liability of
Accommodation Party § 162.00 Scope of Article 5
§ 113.00 Liability of Guarantor § 169.25 Wrongful Dishonor
§ 113.05 In General § 170.05 Strict Compliance With
§ 116.00 Conversion of Terms of Letter
Negotiable Instruments .... 602 § 171.15 Injunctions Allowed Where
Underlying Transaction
PART V—ARTICLE 4, BANK Fraudulent
DEPOSITS AND COLLECTIONS
25. INTRODUCTION TO BANK 32. ARTICLE 9, SECURED
DEPOSITS AND COLLECTIONS TRANSACTIONS
§ 141.00 Warranties of Customer § 179.10 Fixtures
and Collecting Bank § 183.00 Priority Rules
BANKING LAW JOURNAL
Part I—BANKING LAw financing for construction project. Pe-
terson Dev. Co. v. Torrey Pines Bank,
1. ORGANIZATION AND STRUCTURE 284 Cal. Rptr. 367, 109 B.L.J. 183.
§ 4.40. Liability of directors, in Louisiana (1991) Bank was liable for
general. breach of contract in failing to issue suc-
U.S. Court of Appeals, 7th Cir. (1991) cessive letters of credit. Trans-Global
Federal Reserve Board entitled to as- Alloy Ltd. v. First Nat’l] Bank, 583 So.
sess penalties against directors of bank 2d 443, 109 B.L.J. 182.
holding company following failure of
a
subsidiary. Stanley v. Board of Gover- § 13.00. Real estate loans.
nors, 940 F.2d 267, 109 B.L.J. 283. U.S. Court of Appeals, 2d Cir. (1991)
Mortgagee who bid entire amount of in-
§ 6.15. Liability on note. debtedness at foreclosure sale could not
Georgia (1991) President of corporation maintain action for damages under ap-
who signed promissory note twice was plicable state law. Chrysler Capital Re-
obligated individually on corporation’s alty, Inc. v. Grella, 942 F.2d 160, 109
indebtedness. Carroll v. Stauffer, 407 B.L.J. 377.
S.E.2d 480, 109 B.L.J. 182.
Alabama (1991) Contract of sale for real
§ 7.50. Leases and mortgages. property did not preclude the seller from
New Jersey (1992) Statute requiring placing additional burdens on the prop-
mortgage bankers to be bonded pro- erty prior, to time the seller was required
tected consumers, not business creditors to “issue” a deed. McAllister v. Altus
of mortgage bankers. Midlantic Nat’l Bank, 578 So. 2d 1266, 109 B.L.J. 89.
Bank v. Peerless Ins. Co., 601 A.2d 243,
109 B.L.J. 376. § 13.70. Foreclosure.
U.S. Court of Appeals, 8th Cir. (1991)
Mortgagee not entitled to damages
2. BANK POWERS AND FUNCTIONS where it bid entire amount of mortgage
debt at foreclosure sale. Page v. City of
§ 9.05. In general. Duluth, 945 F.2d 241, 109 B.L.J. 377.
U.S. Court of Appeals, 11th Cir. (1991)
Bank, which simply executed customer’s Connecticut (1991) Judgment of strict
order for commercial paper was not a foreclosure was upheld where defen-
“seller” or “offeror” of securities sub- dants did not assert defense of nonliabil-
ject to liability under the Securities Act ity for interest in a timely manner.
of 1933. Ryder Int’l Corp. v. First Am. Suffield Bank v. Berman, 594 A.2d 493,
Nat’l Bank, 943 F.2d 1521, 109 B.L.J. 109 B.L.J. 183.
376.
§ 13.85. Right to deficiency.
§ 10.05. Contractual obligations, in U.S. Court of Appeals, 2d Cir. (1991)
general. Mortgagee who successfully bid for en-
California (1991) Bank not liable for tire amount of indebtedness at foreclo-
breach of contract in refusing to provide sure sale could not sue for damages.
594
1992 DIGEST INDEX
Chrysler Capital Realty, Inc. v. Grella, Resolution Trust Corp. v. Home Sav. of
942 F.2d 160, 109 B.L.J. 283. Am., 946 F.2d 93, 109 B.L.J. 378.
Louisiana (1991) A mortgagee could § 19.25. Right of setoff, in general.
not obtain deficiency judgment where it Ohio (1991) Bank acted improperly in
failed to give proper notice of the mort- setting off a corporation’s debt against
gagor’s right to seek appraisal. SAMCO the account of an individual shareholder
Mortgage Corp. v. Armstrong, 579 So. of the corporation. Wakefield v. First
2d 521, 109 B.L.J. 89. Bank Nat’l Ass’n, 577 N.E.2d 434, 109
B.L.J. 184.
§ 14.10. Relation between bank and
borrower. § 20.05. Joint deposits, in general.
Arkansas (1992) Guarantor of note was Arkansas (1991) Evidence failed to es-
liable where creditor’s fraud was not es- tablish that contents of safety deposit
tablished. Marsh v. National Bank of box were subject to right of survivor-
Commerce of El Dorado, 822 S.W.2d ship. Wright v. Union Nat’! Bank of
404, 109 B.L.J. 377. Ark., 819 S.W.2d 698, 109 B.L.J. 381.
Missouri (1991) A bank could not rely on Mississippi (1991) Decedent created
a general partner’s apparent authority to joint tenancy as to certificates of de-
deposit loan proceeds in a nonpartner- posit, which were not part of her estate.
ship account where it had actual knowl- Cooper v. Crabb, 587 So. 2d 237, 109
edge that the general partner was acting B.L.J. 290.
contrary to the partnership agreement.
Green River Assocs. v. Mark Twain Oregon (1991) Evidence established
Bank, 808 S.W.2d 894, 109 B.L.J. 90. that decedent intended to create a right
of survivorship in several accounts in
Oregon (1991) Bank could recover in- favor of one of his daughters. Blessing v.
Nicholas, 820 P.2d 1376, 109 B.L.J. 381.
sufficient funds check charges where de-
positors were made aware of charges
before they opened accounts. Tolbert v. 3. BANK SUPERVISION AND
First Nat’] Bank of Ore., 823 P.2d 965, REGULATION
109 B.L.J. 376.
§ 22.05. Powers of Federal Reserve
Texas (1991) An alleged oral commitment Board.
to make a loan was not binding where U.S. Supreme Court (1991) Federal dis-
material terms of the agreement were ab- trict courts may not enjoin Board
sent. Bank of El Paso v. T.O. Stanley Boot “source of strength” proceedings. Board
Co., 809 S.W.2d 279, 109 B.L.J. 91. of Governors v. MCorp. Fin., Inc., 60
U.S.L.W. 4005, 109 B.L.J. 284.
§ 14.35. Participating loans.
U.S. Court of Appeals, 8th Cir. (1991) § 23.05. Federal Deposit Insurance
Repurchase agreement was unenforce- Corporation, in general.
able where it violated requirement that U.S. District Court, E.D. La. (1991) The
such agreements be without recourse. Comprehensive Crime Control Act ap-
595
BANKING LAW JOURNAL
plies retroactively to permit FDIC to U.S. Court of Appeals, 11th Cir. (1991)
void fraudulent transfers. FDIC v. Yeme- The FDIC may disaffirm or repudiate
los, 778 F. Supp. 329, 109 B.L.J. 377. contracts entered into by a closed bank
prior to its closing, if the contract inter-
feres with the FDIC’s resolution of the
§ 23.15. Administrative powers.
closed bank’s affairs. The federal statute
U.S. Court of Appeals, 5th Cir. (1991)
giving the FDIC these powers does not
The Federal Deposit Insurance Corp.
violate the contract clause of the U.S.
(FDIC) had authority to bar a former
Constitution. Bayshore Executive Plaza
bank officer from participating in the af-
Partnership v. FDIC, 943 F.2d 1290, 109
fairs of an insured banking institution.
B.L.J. 373.
Jameson v. FDIC, 931 F.2d 290, 109
B.L.J. 91.
§ 23.30. Receivership of insolvent
bank.
§ 23.25. Receivership of closed
U.S. Court of Appeals, 2d Cir. (1991)
bank.
FDIC could enforce guaranty where
U.S. Court of Appeals, 1st Cir. (1991) there was no indication FDIC caused
An alleged oral commitment to make a
default giving rise to liability under
loan could not be asserted against the
guaranty. FDIC v. Bernstein, 944 F.2d
FDIC. Timberland Design, Inc. v. FDIC,
101, 109 B.L.J. 379.
932 F.2d 46, 109 B.L.J. 92.
U.S. Court of Appeals, 3d Cir. (1991)
U.S. Court of Appeals, 8th Cir. (1991) FIRREA divested court of jurisdiction to
Under 12 U.S.C. § 1823(e), certain enforce law firm’s claim to retain files of
agreements entered into by a failed fi- failed bank. FDIC v. Shain, Schaffer &
nancial institution prior to its failure are Rafanello, 944 F.2d 129, 109 B.L.J. 379.
not enforceable against federal banking
regulators unless they meet certain pro- U.S. Court of Appeals, 5th Cir. (1991)
cedural requirements, including the re- Standby letters of credit were “prov-
quirement of contemporaneity with the able” against FDIC even though at-
failed institution’s acquisition of the un- tempted draw occurred after issuing
derlying asset. This suggests that any bank’s insolvency. Citizens State Bank
loan modification or workout agree- of Lometa v. FDIC, 946 F.2d 408, 109
ment entered into after the initial clos- B.L.J. 378.
ing or purchase of a loan by a financial
institution may be unenforceable U.S. Court of Appeals, 5th Cir. (1991)
against federal banking regulators after Alleged breach of loan agreement could
the institution fails, to the extent that be asserted as defense to FDIC’s suit on
the agreement adversely affects the promissory note. FDIC v. Laguarta, 939
original loan documents, unless the F.2d 1231, 109 B.L.J. 284.
agreement is entered into simultane-
ously with a new promissory note. FDIC U.S. Court of Appeals, 5th Cir. (1991)
v. Manatt, 922 F.2d 486 (8th Cir. 1991), FDIC entitled to recover on note.
cert. denied, 111 S. Ct. 2889 (1991), 109 FDIC v. Hamilton, 939 F.2d 1225, 109
B.L.J. 177. B.L.J. 285.
596
1992 DIGEST INDEX
4. SPECIALIZED ORGANIZATIONS § 38.10. Truth-in-Lending Act,
WITH BANKING FUNCTIONS disclosure.
U.S. Court of Appeals, 8th Cir. (1991)
§ 26.00. Savings and loan Savings and loan association violated
associations. Truth-in-Lending Act and Regulation Z
U.S. Court of Appeals, 5th Cir. (1991) by not disclosing composite annual per-
RTC was “holder” within meaning of centage rates. Sentinel Fed. Sav. & Loan
guaranty agreement and thus had stand- Ass’n v. Office of Thrift Supervision,
ing to enforce note and guaranty. RTC v. 946 F.2d 85, 109 B.L.J. 380.
Marshall, 939 F.2d 274, 109 B.L.J. 286.
7. OFFENSES BY BANK AND BANK
U.S. Court of Appeals, 11th Cir. (1991) CRIMES
Director not entitled to indemnification
for expenses in defending action against § 39.10. Transactions held not
him where he did not receive favorable usurious.
judgment as to all claims against him. U.S. Court of Appeals, 5th Cir. (1991)
Harris v. Resolution Trust Corp., 939 Prepayment premium upon acceleration
F.2d 926, 109, B.L.J. 285. of debt was valid under applicable state
law. Parker Plaza West Partners v.
6. CONSUMER CREDIT PROTECTION UNUM Pension & Ins. Co., 941 F.2d
349, 109 B.L.J. 287.
§ 35.00. In general.
U.S. Court of Appeals, 11th Cir. (1991) § 39.45. Usury as a defense by
Attorney who could not show distinct guarantor.
injury lacked standing to challenge U.S. Court of Appeals, 5th Cir. (1991)
Board’s approval of bank acquisitions. RTC could enforce note where maker
Kaimowitz v. Board of Governors, 940 and guarantor could not sustain defense
F.2d 610, 109, B.L.J. 286. of usury. Colony Creek, Ltd. v. RTC,
941 F.2d 1323, 109 B.L.J. 287.
§ 35.05. State laws.
§ 40.10. Conversion.
Alabama (1991) A bank was a “seller”
Nebraska (1991) Bank did not convert
under applicable state law and therefore
shares of stock pledged by guarantor to
not entitled to a deficiency judgment
guarantee debt of corporation. McCor-
where the property originally sold for
mack v. First Westroads Bank, 473
less than $1,000. Divine v. People’s
N.W.2d 102, 109 B.L.J. 184.
Bank, 579 So. 2d 638, 109 B.L.J. 92.
North Dakota (1991) Bank did not act
§ 35.10.Expedited Funds Availability unlawfully in repossessing three vehicles
Act. from automobile dealership. Jerry Har-
U.S. District Court, N.D. Ill. (1993) A mon Motors, Inc. v. First Nat’] Bank &
bank’s “holding” of a depositor’s check Trust Co., 472 N.W.2d 748, 109 B.L.J. 185.
was not a deprivation of property with-
out due process of law in violation of the § 40.20. Misapplication of funds.
fifth amendment. Drury v. Horizon Sav. U.S. Court of Appeals, 9th Cir. (1991)
Bank, 762 F. Supp. 235, 109 B.L.J. 93. President of savings and loan associa-
597
BANKING LAW JOURNAL
tion was properly convicted of misappli- was induced by false representations. Jn
cation of funds even though no conver- re Collins, 946 F.2d 815, 109 B.L.J. 380.
sion of the funds was alleged. United
States v. Musacchio, 940 F.2d 486, 109 § 46.20. Avoidance of preferential
B.L.J. 288. transfers.
U.S. Supreme Court (1991) Payments
§ 40.30. Breach of fiduciary duty. on long-term debt may qualify for “ordi-
South Dakota (1991) Bank was not liable nary course of business” exception to
for failure to pay a commission in the ab- bankruptcy trustee’s power to avoid
sence of contractual obligation or special preferential transfers from debtor to
fiduciary relationship. Ainsworth v. First creditor. Union Bank v. Wolas, 60
Bank, 472 N.W.2d 786, 109 B.L.J. 185. U.S.L.W. 4043, 109 B.L.J. 288.
§ 40.35. Fraud.
U.S. Court of Appeals, 4th Cir. (1991)
Part Ill—Trust AND Estates Law
Defendants who wrote bad checks could
not be prosecuted under the Bank
12. EXECUTION AND ATTESTATION
Fraud Statute where the bank suffered
OF WILLS
no loss. United States v. Orr, 932 F.2d
330, 109 B.L.J. 93.
§ 55.20. Attestation.
U.S. Court of Appeals, Sth Cir. (1991) Maryland (1991) Evidence was insuffi-
Bank acted improperly regarding its in- cient to establish that attestation page
tentions as to renegotiation of credit was not affixed to will when will was
agreement. Richter v. Bank of Am. signed. Goroum v. Rynarzewski, 599
Nat’! Trust & Sav. Ass’n, 939 F.2d 1176 A.2d 843, 109 B.L.J. 382.
(Sth Cir. 1991), 109 B.L.J. 288.
§ 55.35. Witnesses.
§ 40.40. Racketeer Influenced and North Carolina (1991) It was a question
Corrupt Organizations Act. of fact whether person who notarized
U.S. District Court, D.N.H. (1991) A will could qualify as an “attesting wit-
bank organizer did not have standing to ness.” Brickhouse v. Brickhouse, 407
bring a civil Racketeer Influenced and S.E.2d 607, 109 B.L.J. 188.
Corrupt Organizations Act (RICO) suit
because the alleged injury was to bank. South Carolina (1992) Will proponents
Bennett v. Centerpoint Bank, 761 F. were entitled to have denial of admis-
Supp. 908, 109 B.L.J. 94. sion of will to probate reopened on
basis of mistake of fact in probate court
proceeding. Coleman v. Dunlap, 413
Part II—BANKRUPTCY S.E.2d 15, 109 B.L.J. 381.
8. LIQUIDATION § 56.05. Holographic wills.
California (1991) Unrecorded will could
§ 45.10. Debts incurred by fraud. not operate to sever joint tenancy. Jn re
U.S. Court of Appeals, 11th Cir. (1991) Estate of England, 284 Cal. Rptr. 361,
Debt was nondischargeable where it 109 B.L.J. 188.
598
1992 DIGEST INDEX
§ 57.05. Joint and mutual wills. accrued interest. Williams v. Faucett,
New York (1991) Surviving spouse was 579 So. 2d 572, 109 B.L.J. 98.
not contractually bound by joint will en-
tered into with deceased spouse. Jn re 14. VALIDITY OF WILLS
Estate of Di Siena, 576 N.Y.S.2d 953,
109 B.L.J. 382. § 60.10. Admissible evidence and
findings.
§ 57.15. Other contracts. Kansas (1991) A portion of a codicil was
Florida (1992) Contract not to change properly stricken where it did not cor-
or revoke wills was valid. Jn re Estate of rectly express the decedent’s intent. Jn
Boyar, 592 So. 2d 341, 109 B.L.J. 381. re Estate of Smelser, 818 P.2d 822, 109
B.L.J. 291.
13. EXECUTORS AND
ADMINISTRATORS § 60.15. Timely filing and objection
for probate.
§ 58.05. Appointment. Georgia (1991) Legatees and debtors
Florida (1991) Personal representative had standing to appeal denial of petition
was required to be appointed to repre- to probate will as they had received no-
sent those interested in decedent’s es- tices of the proceedings. Bruce v. Mc-
tate. Reopelle v. Reopelle, 587 So. 2d Mullen, 404 S.E.2d 620, 109 B.L.J. 98.
508, 109 B.L.J. 290.
§ 60.25. Timely claims against estate.
Texas (1991) Decedent’s brother’s failure Kansas (1991) FDIC properly substi-
to indicate that decedent was survived tuted estate for deceased individual in
by spouse rendered letters of administra- its action against the individual. Jn re
tion issued to brother invalid. George v. Estate of Rains, 815 P.2d 61, 109 B.L.J.
George, 813 S.W.2d 236, 109 B.L.J. 189. 190.
§ 58.20. Removal. Missouri (1991) An insurance company
Arkansas (1991) Executrix would not be that issued an annuity was an “inter-
removed absent a showing of breach of ested person” entitled to petition for ad-
fiduciary duty. Morris v. Culliper, 816 ministration of the estate. Jn re Wind-
S.W.2d 878, 109 B.L.J. 291. holz, 809 S.W.2d 30, 109 B.L.J. 99.
§ 59.05. Presentment and payment § 61.05. Proof of revocation implied
of claims. by operation of law.
Mississippi (1991) Ex-wife’s claim against California (1991) Holographic will was
former husband’s estate was supported revoked by operation of “revocation by
by evidence. Raspilair v. Estate of Raspi- divorce” statute. In re Reeves, 284 Cal.
lair, 583 So. 2d 970, 109 B.L.J. 189. Rptr. 650, 109 B.L.J. 190.
§ 59.30. Prudent investment and § 61.10. Proof of revocation implied
sales. by a writing.
Alabama (1991) Sale of estate property Florida (1991) Written statement of re-
was appropriate to satisfy bequests and vocation was sufficient to permit pro-
599
BANKING LAW JOURNAL
ceeding to determine if will had been (ERISA) did not preempt state commu-
validly revoked. In re Estate of Dickson, nity property law. Succession of Netter-
590 So. 2d 471, 109 B.L.J. 383. ville, 579 So. 2d 1046, 109 B.L.J. 100.
§ 61.25. Burdens of proof and § 63.20. Property held in joint
presumptions. tenancy or tenancy by the
Oklahoma (1991) Affidavit allegedly re- entirety.
voking will was not valid where it did Florida (1991) Evidence indicated that
not comply with statutory requirements. two signatories on decedent’s bank ac-
Pool v. Estate of Shelby, 821 P.2d 361, count had right of survivorship. Jn re Es-
109 B.L.J. 383. tate of Combee, 583 So. 2d 708, 109
B.L.J. 191.
§ 61.35. Testamentary capacity to
revoke wills.
Missouri (1991) Probate court’s determi-
Oklahoma (1991) Decedent’s writing of nation of joint tenancy, rather than ten-
“void” on each page of will indicated
ancy in common, was conclusive. Baker
itent to revoke will. Jn re Estate of Aus- v. Baker, 813 S.W.2d 116, 109 B.L.J. 191.
ley, 818 P.2d 1226, 109 B.L.J. 292.
§ 63.25. Renunciation or disclaimer
§ 62.25. Testamentary capacity.
by beneficiary.
Ohio (1989) Evidence of alcohol abuse
Louisiana (1991) Absent proof of fraud,
was insufficient in itself to establish lack
a creditor was not entitled to reopen the
of testamentary capacity. Doyle v.
debtor’s renunciation of legacy and then
Schott, 582 N.E.2d 1057, 109 B.L.J. 384.
claim such legacy on the debtor’s behalf.
Succession of Neuhauser, 579 So. 2d
Texas (1991) Evidence established that
437, 109 B.L.J. 100.
decedent had requisite testamentary ca-
pacity when executing her will. Hammer
v. Powers, 819 S.W.2d 669, 109 B.L.J. 384. Texas (1991) A disclaimer of an inheri-
tance was not a fraudulent “transfer”
§ 62.30. Undue influence. under applicable state law. Dyer v. Eck-
Missouri (1991) Evidence did not estab- ols, 808 S.W.2d 531, 109 B.L.J. 101.
lish that the testator lacked testamen-
tary capacity or was subject to undue in- 15. CONSTRUCTION OF WILLS
fluence. Morse v. Volz, 808 S.W.2d 424,
109 B.L.J. 99. § 64.05. Nature and extent of
beneficiary’s interest.
New Mexico (1991) Donor was subject Oregon (1992) “Scrivener’s error”
to undue influence when executing quit- would not be corrected so as to change
claim deed. Montoya v. Torres, 823 P.2d unambiguous terms in will. Scarlett v.
905, 109 B.L.J. 382. Hopper, 823 P.2d 435, 109 B.L.J. 382.
§ 63.15. Property excluded from § 64.45. Testator’s intent.
estate. District of Columbia (1991) The phrase
Louisiana (1991) The Employee Retire- “and other personal property” was am-
ment Income Security Act of 1974 biguous and required extrinsic evidence
600