Professor Jacob
SYLLABUS
SPRING, 1999
1. This is a class in which I expect to ask you to do a certain amount of drafting and critique of drafting. These tasks will be assigned as we go along. I will also be asking you to do some drill work, specifically using Computer-Assisted Legal Instruction (CALI) programs to the extent possible. These, too, will be assigned as we go along.2 There may be one or more guest lectures of selected subjects, and I reserve the right to take us out to the courthouse.
3. Notwithstanding the above, the basic mode of work will be very traditional: assigned reading, legal analysis and class discussion of material in the casebook. The casebook is DUKEMINIER & JOHANNSON, WILLS, TRUSTS, AND ESTATES (5th ed. 1995). Although we will certainly cover differ material at different rates of speed, in general we cover about 20 pages of material an hour. If we do that, we should have no trouble in getting through the book. Getting through the book with understanding, should be the aim in this course. WE WILL BE READING THE BOOK OUT OF ORDER. I AM NOT SURE MY ORDER IS BETTER THAN D/Jâs, BUT I WANT TO TRY IT. THE BASIC ORDER OF PROCEEDING IS Chapters 2, 1 (last half), 3, 4, 6, 7, 5, 8, 12, 9 (if possible), 10, 11, 1 (first half).
At this point, what I am trying to do is fairly clear. I want to begin with the lawâs assumptions about oneâs family as the natural objects of oneâs affections, move on to probate procedures, and then the proving, drafting, executing and interpreting wills (with all the peculiarities attached to those activities). That makes up one big lump. The next big lump of material is so-called ãwill substitutesä and the trust and its administration. We will tack on to the second topic, the material relating to ãconstructionä of the technical language of disposition.
ASSIGNMENTS
Chapter 2. Intestacy, pp. 68-144 (4 hours)
Chapter 1. Introduction, pp. 36 -66 (4 hours)
Lecture on Estate, Gift and Generation-Skipping Tax (1 hour)
Chapter 3. Wills: Capacity and Contest, pp. 145-204 (3 hours)
Chapter 4. Wills: Formalities and Forms, pp. 205-318 (7 hours)
Chapter 6. Interpretation of Wills, pp. 413-462 (3 hours)
Chapter 7: Protection of Spouse and Children, pp. 473-562 (5 hours)
Chapter 5: Will Substitutes, pp. 319-412 (5 hours)
Chapter 8. Trusts, pp. 563-700 (7 hours)
Chapter 9 (may be omitted)
Chapter 12. Trust Administration, pp. 905-990 (5 hours)
Chapter 10. Future Interests, pp. 747-826 (4 hours)
Chapter 11. Rule Against Perpetuities, pp. 827-846, 852-863, 874-901 (4 hours)
Chapter 1. Introduction, pp. 1-36 (1 hour)