Questions on First Restatement on Property
According to the law of Illinois
the window treatments in a house on Mary Barrie’s property in Iowa
are not fixtures and so are personalty, not real property. Under the
law of Iowa
they are fixtures. An Illinois
court, using the First Restatement approach, is trying to determine
will is valid with respect to the window treatments. What result?
2) Consider questions 3-4 on p. 28-29 of the
casebook in both the 7th and 8th eds. Does
the state where the
property is located always have
the greatest interest in its law applying when rights of succession in
property is determined? Did Iowa have the greatest interest in the
validity of the will in Barrie’s Estate?
4) Massachusetts (but not New Hampshire) has a law preventing wives
from contracting with their husbands. X (from Massachusetts) enters
into a contract in Massachusetts to convey New Hampshire property to
her husband. What result?
3) Consider Miller v. Lucks (Miss 1948). A white man and black
(originally from Mississippi)
live in Illinois
and eventually marry there. The marriage is valid under Illinois,
but not Mississippi,
law. Furthermore, Mississippi
does not, in general, recognize interracial marriages even if they are
under the laws of the state where the marriage was celebrated. The
and the husband claims a husband's interest in Mississippi
property owned by the wife. How do you think the Mississippi
court decided this case? Is Mississippi interested in its law
prohiniting interracial marriages applying in this case?
5) In Illinois A (a domiciliary of Illinois)
conveys property located in Iowa
to B (a domiciliary of Illinois). A then dies. Under Illinois
A’s widow retains a dower in the property (that is, a life estate
in 1/3 of her husband's property that cannot be deprived by any
transfer by the husband during his lifetime).
Under the law of Iowa,
not retain a dower. Does A’s widow retain a dower or not?
A, a domiciliary of Illinois who owns land in Illinois, marries B, a domiciliary of Illinois who owns land in Iowa. By the law of Illinois, land of either spouse becomes community
marriage; by the law of Iowa it remains the separate property of the spouse.
what after the marriage?
7) In Illinois, A
conveys to B the personalty
assets of his business, which
operated out of Iowa. At the time of
conveyance some trucks used in the business are in Illinois. Under the law
of Illinois the conveyance
Under the laws of Iowa it is not. Who
8) Under Illinois law of
adverse possession, one must hold onto personalty for 2 years to
acquire title. Under Iowa law of adverse possession, it takes 3 years.
After holding onto X's television
set in Illinois for two and a half years, Y moves with the set to Iowa
and is sued by X there. What result? What result if X had held onto the
TV for one and a half years in Illinois and then a year in Iowa before
being sued by Y?