Author Question: In 2010, after surviving a heart attack, Arthur executed a valid will in which he left his entire ... (Read 28 times)

stevenposner · **on:** Jun 24, 2018

In 2010, after surviving a heart attack, Arthur executed a valid will in which he left his entire estate to the Heart Fund. In 2014, Arthur was declared incompetent and was committed to an institution. At his death in 2017, his son, Brian, who was his sole survivor, contested the will claiming that Arthur was obviously incompetent. Will Brian prevail with this argument? Explain.

Question 2

Betty owes Agatha 1,000. On March 1 Agatha, for value, assigned the debt to Clara. Thereafter, on March 30, Agatha assigned the same right to Diane. Under the:
A) American rule, Clara will prevail over Diane.
B) American rule, the first assignee to notify Betty will prevail.
C) Restatement rule, the first assignee to notify Betty will prevail.
D) English rule, Clara will prevail over Diane.

heyhey123 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

No, Brian will not be likely to prevail if the evidence reveals that Arthur had testamentary capacity at the time he made the will. The fact that Arthur subsequently became incompetent would not affect the will.

Answer to Question 2

A