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Restatements of the Law - Property - Property (Donative Transfers)
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Restatement of the Law Second, Property (Donative Transfers) - Volume #1
The first volume of Restatement Second, Property (Donative Transfers), supersedes Volume 4 of the original Restatement, and is concerned with the body of law that in the interest of some overriding social policy limits the nature of the property interests a donor can create or the restraints he or she can effectively impose. It deals, therefore, with the rule against perpetuities and related limitations on the power to postpone or inhibit alienations; with the validity of various restraints on personal conduct, such as marriage, separation and divorce, religious practice and affiliation, education, occupation, or habitual activity, and with restraints upon a donee’s interference with or challenge to the donor’s plan of disposition. The impingement of the law of property on human interests of the first importance is plainly exhibited in these materials.
- Price: $63.50
- Product Code: 5687
- Year: 1983
- Pages: 471
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Restatement of the Law Second, Property (Donative Transfers) - Volume #2
The second volume of Restatement Second, Property (Donative Transfers), deals with the law governing powers of appointment, the use of which in estate planning has developed and expanded significantly since the Institute’s previous treatment of the topic in the first Restatement. Volume 2 follows the organization and much of the substance of Chapter 25 1940, of the first Restatement (Volume 3), which it supersedes, but it is distinctive in its extensive references to legislation and its use of legislation as a basis for rules of decisional law. Also noteworthy are the elaboration of rationale in the Comments, which explore the relevant competing considerations and alternative resolutions to a far greater extent than the original Restatement, and the significance accorded to tax considerations. The comprehensive Statutory and Reporter’s Notes develop fully the legislative, judicial, and scholarly bases for the positions taken in the black letter and Comments, and divergences from the first Restatement are identified and explained throughout.
- Price: $63.50
- Product Code: 5784
- Year: 1986
- Pages: 508
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Restatement of the Law Second, Property (Donative Transfers) - Volume #3
The third volume of the project sets forth the rules of construction for determining a donor’s intention with respect to the identities and respective shares of donees described in the dispositive instrument as members of a class rather than individually. This volume supersedes the material on class gifts contained in Chapters 22 and 23 of the original Restatement of Property (Volume 3, 1940), and reflects the changes in law, public policy, and social mores that have occurred in the intervening decades. Of particular significance are new presumptions stated with respect to children born out of wedlock, children produced by means other than sexual intercourse, and adopted children, and a different approach toward determining the shares of class gifts to "issue" or "descendants."
- Price: $63.50
- Product Code: 5968
- Year: 1988
- Pages: 550
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Restatement of the Law Second, Property (Donative Transfers) - Volume #4
Volume 4 of Restatement Second, Property (Donative Transfers), addresses a number of important problems in the law of gifts, including gifts taking effect at the death of the donor. Chapters 31 and 32 deal with gifts made during the donor’s lifetime including such matters as what constitutes a delivery to a donee, wedding presents, the effect if there is no delivery but there is manifestation of intent to make a gift, gifts of personal property in which the donor retains reversionary interest, the meaning of a document of transfer, and a document of transfer as a substitute for a will. Chapter 33 treats gifts by will and addresses the meaning of a will and multiple wills. Chapter 34 deals with various situations in which the law may refuse to give effect to an attempted gift for reasons of public policy and addresses such topics as the effect of a donative transfer on the spouse of the donor, spousal rights that accrue on divorce or death, substitutes for a will, and determining a surviving spouse’s share.
- Price: $63.50
- Product Code: 5335
- Year: 1992
- Pages: 436
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Restatement of the Law Second, Property (Donative Transfers), Cumulative Annual Pocket Part for use in 2010, Vol. 1 (§§ 1.1 to 10.2)
This Pocket Part contains all citations to the Restatement of the Law of Property, Volume 4, and the Restatement of the Law Second, Property 2d, Donative Transfers (Volume 1)
- Price: $32.00
- Product Code: 10PPDT1
- Year: 2010
- Pages: 144
- Type: Softbound
Restatement of the Law Second, Property (Donative Transfers), Cumulative Annual Pocket Part for use in 2010, Vol. 2 (§§ 11.1 to 24.4)
This Pocket Part contains all citations to the Restatement of the Law of Property, Volume 3 (§§ 318-369), and the Restatement of the Law Second, Property 2d, Donative Transfers (Volume 2).
- Price: $32.00
- Product Code: 10PPDT2
- Year: 2010
- Pages: 71
- Type: Softbound
Restatement of the Law Second, Property (Donative Transfers), Cumulative Annual Pocket Part for use in 2010, Vols. 3 and 4 (§§ 25.1 to 39.4)
This Pocket Part contains all citations to the Restatement of the Law of Property, Volume 3 (§§ 279-314), and the Restatement of the Law Second, Property 2d, Donative Transfers (Volumes 3 and 4).
- Price: $32.00
- Product Code: 10PPDT3
- Year: 2010
- Pages: 71
- Type: Softbound
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #1
Division I. Social Restrictions Imposed upon the Creation of Property Interests by Donative Transfers: Part I. The Common Law Rule Against Perpetuities and Related Rules as Applied to Donative Transfers; Chapter One. The Rule Against Perpetuities as Applied to Donative Transfers; Appendix: Commentary on Wait-and-See Approach
- Price: $7.00
- Product Code: 5181
- Year: 1978
- Pages: 154
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #2
Division I. Social Restrictions Imposed upon the Creation of Property Interests by Donative Transfers: Part I. The Rule Against Perpetuities and Related Rules as Applied to Donative Transfers; Revision of Chapter One. The Rule Against Perpetuities as Applied to Donative Transfers; Chapter Two. The Period of the Rule Against Perpetuities Used in Donative Transfers for Purposes Other than Controlling the Time of Vesting
- Price: $12.00
- Product Code: 5182
- Year: 1979
- Pages: 189
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #3
Division I. Social Restrictions Imposed upon the Creation of Property Interests by Donative Transfers: Part II. Direct Restraints on Alienation in Donative Transfers; Chapter Three. Definitions; Chapter Four. Validity of Restraint of Personal Conduct; Chapter Five. General Rules; Chapter Six. Restraints on Marriage; Chapter Seven. Provisions Relating to Family Relationships; Chapter Eight. Provisions Relating to Religion, Personal Habits and Education or Occupation
- Price: $14.00
- Product Code: 5183
- Year: 1980
- Pages: 252
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #4
Division I. Social Restrictions Imposed upon the Creation of Property Interests by Donative Transfers: Part IV. Restraints on Interference with Transferor’s Dispositive Plan; Chapter Nine. Restraints on Contests and Restraints on Attacking Fiduciaries; Chapter Ten. Restraints on Enforcing Obligations of the Transferor or of the Transferor’s Estate and Restraints on Asserting any Right to Other Property Owned or Disposed of by the Transferor
- Price: $10.00
- Product Code: 5621
- Year: 1981
- Pages: 85
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #6
Division II. Powers of Appointment, Class Gifts, and Related Matters: Part I. Powers of Appointment (Continued): Chapter 17. The Donee’s Intent to Appoint; Chapter 18. Effectiveness of Appointments; Chapter 19. Permissible Appointments; Chapter 20. Excessive Appointments—Fraud on Powers; Chapter 21. Exclusive and Non-Exclusive Powers
- Price: $15.00
- Product Code: 5679
- Year: 1983
- Pages: 225
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #7
Division II. Powers of Appointment, Class Gifts, and Related Matters: Part I. Powers of Appointment (Continued): Chapter 22. Allocation of Appointive Assets to Attain Maximum Effectiveness; Chapter 23. Ineffective Appointments; Chapter 24. Gifts in Default of Appointment; Reconsiderations of: Section 13.7. Spousal Rights in Appointive Assets on Death of Donee; Section 18.6. Operation of Antilapse Statutes with Reference to Appointments
- Price: $15.00
- Product Code: 5729
- Year: 1984
- Pages: 153
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #8
Division II. Powers of Appointment, Class Gifts, and Related Matters: Part II. Class Gifts: Chapter 25. Primary Meaning of Class Gift Term
- Price: $20.00
- Product Code: 5789
- Year: 1985
- Pages: 190
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #9
Division II. Powers of Appointment, Class Gifts, and Related Matters: Part II. Class Gifts: Topic 1. Class Gifts to Others Than "Heirs" and the Like; Chapter 26. Time Within Which a Class Member Must Be in Being in Order to Share in the Class Gift—Increase in the Class Membership; Chapter 27. A Class Member Fails to Meet a Requirement of Survival or to Fulfill Some Other Conditions—Decrease in the Class Membership
- Price: $20.00
- Product Code: 5824
- Year: 1986
- Pages: 164
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #10
Division II. Powers of Appointment, Class Gifts, and Related Matters: Part II. Class Gifts: Topic 1. Class Gifts to Others Than "Heirs" and the Like; Chapter 28. Share of Each Class Member; Topic 2. Class Gifts to Heirs and the Like; Chapter 29. Gifts to Heirs and the Like as Words of Purchase; Chapter 30. Effect of Limitations to "Heirs," "Heirs of the Body," "Next of Kin," or "Relatives" Under the Rule in Shelley’s Case and the Doctrine of Worthier Title
- Price: $25.00
- Product Code: 5859
- Year: 1987
- Pages: 361
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #11
Division III. Requirements for Effectuating a Donative Transfer: Chapter 31. Accomplishing a Donative Transfer in Donor’s Lifetime Without Using a Document of Transfer
- Price: $20.00
- Product Code: 5927
- Year: 1988
- Pages: 109
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #12
Division III. Requirements for Effectuating a Donative Transfer: Chapter 32. Accomplishing a Donative Transfer in the Donor’s Lifetime by a Document of Transfer; Chapter 33. Accomplishing a Donative Transfer by a Will
- Price: $25.00
- Product Code: 5970
- Year: 1989
- Pages: 186
Restatement of the Law Second, Property (Donative Transfers) - Tentative Draft #13
Division III. Requirements for Effectuating a Donative Transfer: Chapter 34. Failure of Attempted Donative Transfers; Appendix I. Matters Relating to Tentative Draft No. 12
- Price: $30.00
- Product Code: 5985
- Year: 1990
- Pages: 292