1st Restatement
on Property
§ 208.
Kinds Of Property; How Determined
Whether
an
interest in a tangible thing is classified as real or personal property
is
determined by the law of the state where the thing is.
§ 216.
Capacity To Convey Interest In Land
Capacity
to make
a valid conveyance of an interest in land is determined by the law of
the state
where the land is.
§ 220.
Effect Of Conveyance Of Interest In Land
The
effect upon
interests in land of a conveyance is determined by the law of the state
where
the land is.
§ 237. Effect Of
Marriage On Existing Interests In Land
The
effect of
marriage upon interests in land owned by a spouse at the time of
marriage is
determined by the law of the state where the land is.
§ 245. Inheritance Of
Land
The
law of the
state where the land is determines its devolution upon the death of the
owner
intestate.
§ 249. Will
Of Land
The
validity and
effect of a will of an interest in land are determined by the law of
the state
where the land is.
§ 250.
Revocation Of Will Of Land
The
effectiveness of an intended revocation of a will of an interest in
land is
determined by the law of the state where the land is.
§ 256.
Formalities Of Conveyance Of Chattel
The
formal
validity of a conveyance of an interest in a chattel is determined by
the law
of the state where the chattel is at the time of the conveyance.
Caveat:
The Institute expresses no opinion whether the conveyance of
an aggregate unit of movables may not be governed by the law of the
place where
the various items are aggregated as a unit, or that a conveyance of an
aggregate unit made up of a number of units, themselves aggregates, may
not be
governed by the law of the place where the entire unit is managed so
far as
such conveyance is not contrary to the public policy of a state in
which any
constituent unit is.
Comment to Caveat:
b.
An aggregate unit of movables is a collection of things
which may include tangible things, documents and intangibles, all
devoted by
the owner to a single use or managed as a single unit as for example,
the
various items used in carrying on a business such as the
stock-in-trade, good
will, furniture and fixtures, bills receivable, and cash. The fact that
a
particular item is temporarily separated from the other items
constituting the
aggregate unit does not prevent it from being included therein. Thus a
truck
employed for delivery may be sent out of the state for repairs and
still remain
a part of the aggregate unit. An instance of an aggregate of aggregates
is a
chain of shops, each shop in the chain being itself an aggregate unit.
§ 303.
Distribution Of Estate Of Intestate
The
movables of
one who died intestate which remain in the state after the estate is
fully
administered are distributed to the persons who are entitled to take by
the law
of the state of his domicil at the time of his death.
§ 306. Will
Of Movables
The
validity and
effect of a will of movables is determined by the law of the state in
which the
deceased died domiciled.
§ 307.
Revocation Of Will Of Movables
Whether
an act
claimed to be a revocation of a will is effective to revoke it as a
will of
movables is determined by the law of the state in which the deceased
was
domiciled at the time of his death.