Page on the Law of Wills

All aspects of Wills are discussed, from testamentary capacity and execution formalities through probate, contests, and construction.

Publication Date: January 2019

Publisher: LexisNexis

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Back-order ISBN: 9780870846823


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This seven-volume, comprehensive set features an exhaustive discussion of all aspects of Wills, from their history at common law through the development of statutory requirements and case law interpretations. All elements of a Will are discussed, as are testamentary capacity, execution formalities, and tax considerations. Probate is explored, with emphasis on contests and construction. Also included is an entire volume of forms.

Chapter 1, Preliminary Definitions

Chapter 2, Offers; Creation and Duration of Power of Acceptance

Chapter 3, Acceptance and Rejection of Offers

Chapter 4, Indefiniteness and Mistake in Expression

Chapter 5, Consideration

Chapter 6, Consideration-Mutuality of Obligation-Requirement and Output

Contracts-Effect of Option

Chapter 7, Consideration-Effect Of Pre-Existing Duty

Chapter 8, Reliance on a Promise as a Ground for Enforcement: The Doctrine of Promissory Estoppel

Chapter 9, Past Consideration and Moral Obligation

Chapter 10, Contracts Under Seal, Recognizances, Negotiable Instruments and Documents, and Letters of Credit

Chapter 11, Option Contracts and Rights of First Refusal

Chapter 12, History and Legal Operation of the Statute

Chapter 13, Statute of Frauds-Oral Variation or Rescission-Contracts Partly Within

Chapter 14, Manner of Raising Defenses-Restitution And Reformation

Chapter 15, Statute of Frauds-Debts of Another-Suretyship and Guaranty

Chapter 16, Debts of Another-Leading Object Rule-Indemnity Contracts

Chapter 17, Statute of Frauds-Interests In Land

Chapter 18, Interests in Land-Effect of Part Performance of Oral Contract

Chapter 19, Statute of Frauds-Contracts Not Performable Within One Year

Chapter 20, Statute of Frauds-Contracts in Consideration of Marriage

Chapter 21, Statute of Frauds-Contracts for the Sale of Goods

Chapter 22, Substance of the Memorandum: Its Nature and Contents

Chapter 23, Formal Requirements-Writing-Record-Signature-Oral Evidence

Chapter 24, Interpretation of Contracts

Chapter 25, Interpretation–The Process Called Implication

Chapter 26, The "Parol Evidence Rule"

Chapter 27, Capacity of Parties

Chapter 28, Avoidance or Reformation for Misconduct or Mistake

Chapter 29, Unconscionability and the Duty to Read

Chapter 30, Conditions of Legal Duty

Chapter 31, Express Conditions and Promises

Chapter 32, Constructive Conditions -Failure to Perform the Agreed Exchange

Chapter 33, Constructive Conditions In Sale of Goods

Chapter 34, Constructive Conditions In Service Contracts, Charter Parties, and Leases

Chapter 35, Condition In Installment Contracts-Divisibility

Chapter 36, Substantial Performance, Its Character and Effect

Chapter 37, Condition of Performance on Time -Condition of Notice

Chapter 38, Aleatory Contracts-No Agreed Exchange of Performances

Chapter 39, Condition Subsequent-Analysis-Pleading and Burden of Proof

Chapter 40, Elimination of Conditions by Waiver or Prevention

Chapter 41, Preliminary Analysis-Issues and Terminology

Chapter 42, Third Party Beneficiary History

Chapter 43, Third Party Beneficiary Statutes

Chapter 44, Intent to Benefit-Restatements-Interpretation

Chapter 45, Beneficiaries of Specific Types of Contracts

Chapter 46, Remedies, Powers and Defenses-Beneficiary, Promisee, and Promisor

Chapter 47, Preliminary Analysis-Concepts, Terminology, Source of Law

Chapter 48, Gift Assignments

Chapter 49, Assignability and Delegability-Freedom and Its Limitations

Chapter 50, Conditional and Future Rights, and After-Acquired Property

Chapter 51, Legal Effect s of Assignment-Defenses and Priorities

Chapter 52, Joint and Several Contracts

Chapter 53, Varieties of Breaches of Contracts-Total and Partial Breaches

Chapter 54, Breach of Contract by Anticipatory Repudiation

Chapter 55, Purpose and Extent of Damages-Causation, Compensation, Value

Chapter 56, Forseeability-Anticipated Profits-Degrees of Uncertainty

Chapter 57, Alternative Measures-Expenditures-Avoidable Consequences-Interest-Anticipatory Repudiation

Chapter 58, Liquidated Damages and Penalties

Chapter 59, Damages for Mental Suffering-Punitive Damages-Lending Money-Alternative Contracts Contracts for the Benefit of a Third Person

Chapter 60, Building Contracts-Employment-Sales of Land-Sales of Goods

Chapter 61, Common Law and Equity-General Requirements for Obtaining Restitution

Chapter 62, Restitution in Favor of a Plaintiff in Default

Chapter 63, Adequacy of Other Remedies

Chapter 64, Special Reasons for Denying Specific Enforcement

Chapter 65, Mutuality of Remedy-Negative Contracts-Liquidated Damages

Chapter 66, Election of Remedies

Chapter 67, Performance-Tender-Rescission-Release-Gift-Surrender-Cancellation-Contract Not To Sue

Chapter 68 Discharge by Nonperformance of Condition-Breach-Failure of Consideration-Prevention-Power Reserved-Condition Subsequent

Chapter 69, The Legal Operation of an Executory Accord

Chapter 70, Accord and Satisfaction

Chapter 71, Substituted Contract and Novation

Chapter 72, Account Stated

Chapter 73, Specialties-Alteration-Judgment-Award-Claim Preclusion

Chapter 74, Impossibility of Performance-Personal Inability

Chapter 75, Death or Destruction of Specific Things-Prorating Supply

Chapter 76, Legal Prohibition-Government Prohibition and Exigencies of War

Chapter 77, Discharge By Frustration of Purpose

Chapter 78, Impossibility of Performance of a Condition; Restitution in Cases of Impossibility

Chapter 79, Introduction to Contracts Contrary To Public Policy

Chapter 80, Contracts In Restraint Of Competition

Chapter 81, Contracts Involving Familial Relationships

Chapter 82, Sunday Contracts

Chapter 83, Bargains Harmful to the Administration of Justice

Chapter 84, Bargains Harmful to Public or Performance of Fiduciary Duty

Chapter 85, Bargains To Defraud Or Otherwise Injure Third Persons

Chapter 86, Wagering Bargains

Chapter 87, Usury Bargains

Chapter 88, Miscellaneous Bargains Contrary to Public Policy

Chapter 89, Effects of Being Contrary to Public Policy

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