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.

 
§ 284. Creation Of Power To Appoint Movables

(1) The creation inter vivos of a power to appoint chattels is determined by the law of the state in which the chattels are at the time of the creation of the power.
(2) The creation by will of a power to appoint chattels or other movables is determined by the law of the domicil of the testator.


 § 290. Movables Acquired During Marriage

Interests of one spouse in movables acquired by the other during the marriage are determined by the law of the domicil of the parties when the movables are acquired.

§ 295. Validity Of Trust Created By Will

The validity of a trust of movables created by a will is determined by the law of the testator's domicil at the time of his death.

§ 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.