Questions on First Restatement on Property

1) 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 whether Barrie’s 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 the property is determined? Did Iowa have the greatest interest in the validity of the will in Barrie’s Estate?

3) Consider
Miller v. Lucks (Miss 1948). A white man and black woman (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 valid under the laws of the state where the marriage was celebrated. The woman dies 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?

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?

5) In Illinois A (a domiciliary of Illinois) conveys property located in Iowa to B (a domiciliary of Illinois). A then dies. Under Illinois law, 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, she does not retain a dower. Does A’s widow retain a dower or not?

6) 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 property upon marriage; by the law of Iowa it remains the separate property of the spouse. Who owns what after the marriage?

In Illinois, A conveys to B the personalty assets of his business, which operated out of Iowa. At the time of the conveyance some trucks used in the business are in Illinois. Under the law of Illinois the conveyance is valid. Under the laws of Iowa it is not. Who owns the trucks?

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?