References in periodicals archive ?
CORRELATES OF PROBATE LITIGATION LINEAR PROBABILITY MODEL (297) (ROBUST STANDARD ERRORS IN parentheses) Probate Loan (298) 0.28 ** (0.09) Intestate (299) 0.10 (0.02) Will Divides 0.09 *** Unequally (300) (0.03) Creditor 0.11 *** Claim Filed (301) (0.03) Handwritten Will 0.13 * (0.06) No Spouse (302) -0.04 (0.03) Male 0.01 (0.02) Real Property -0.01 Sale (303) (0.03) Value of Decedent's Estate 0.00 (in $1000s) (0.00) Pro Se (304) -0.02 (0.04) Fremont 0.0l Courthouse (305) (0.04) Hayward 0.03 Courthouse (0.03) Lapse/ 0.01 Ademption (306) (0.03) Case Opened 0.00 After 2007 (0.03) Old Will -0.01 (Before 1979) (0.05) Constant -0.03 (0.03) N 572 Adj.
Under the text of the Code, the doctrine of ademption by satisfaction will apply on the basis of the provision of the will, even if no writing contemporaneous with a subsequent gift reiterates the intent to equalize.
(189.) MCGOVERN ET AL., supra note 83, [section] 2.6, at 78-79; Barney Barstow, Ademption by Satisfaction, 6 Wts.
But for its rarity, the problem of impossible conditions is structurally analogous to lapse and ademption. Here again, "transferors do not have in mind the contingency that impossibility may prevent ...
At common law, the applicable doctrine is known as ademption by satisfaction.
Although expressed as a concern about future gifts, the issue of ademption has not played a role in courts' decisions about the practicability of future gifts.