Does NY allow extrinsic document to be part of the Will?
Reference to facts and events outside the will
Incorporation by reference (Extrinsic document)
The doctrine of incorporation by reference is not recognized in NY. All wills have to be
Property is used to refer to something that is capable of being owned. Its also used to
refer to a right or interest that allows a person to exercise dominion over a thing that may
be owned or possessed.
-bundle of rights: For example, ownershi
10. (p. 1015) A foreign corporation must incorporate in each state in which it does intrastate
18. (p. 1009) Which of the following provisions state that a Corporation is a person?
A. Corporation law
B. Law of contract
C. Constitution of U
The Law of Estates and Trusts: Each state has their own statues and common law
regulating the distribution of property upon death.
Uniform Probate Code (UPC): is a comprehensive, uniform law that has been enacted
in 16 states. It is intended t
Business Law Assignment #1
Chapter 35/Pages 911-912 (Ex 4-10)
4. Elliot Jarvin has breached his fiduciary duties. The agency is
a relationship of trust and confidence, Elliot practically acted as
an agent for two parties under Merrill Lynchs' name, withou
What are the Intestacy laws in NY?
Distribution if a descendant is survived by:
1) A spouse and issue: fifty thousand dollars and one-half of the residue to the spouse, and the balance goes
to the issue by representation.
2) A spouse and no i
What states do not recognize the Spousal Elective Share?
Arkansas: Arkansas intestacy statutes provide for the right of the survivor spouse to dower and
curtsey if the marriage has been in effect one year or longer. There is no statute granti
Principal <-> Agent <-> Third Party
Contractual relationship- apparent authority.
Tort Relationship- sue for money
knowledge notice goes up the chain.
Expressed RatificationApplied Ratificiationdisclosed principalIf theres a third party.Partially
Any states require a Living Will to be notarized?
Arizona: One witness and a notary are required for a living will, as well as for a health care power of
California: Advance Healthcare Directive requires two witnesses, but is not va
What happens to real property outside the country?
Property/assets owned by a foreign national subject to succession laws or the laws of
their original country:
In New York, the following rules apply:
Real property. Generally states apply the