1992 DIGEST INDEX VOLUME 109 The following table shows the pages at which each monthly issue of THE BANKING Law JOURNAL during the year 1992 begins and ends: January/February 3-112 July/August March/April September/October May/June 203-296 November/December The 1992 Digest Index contains judicial decisions and articles that have appeared in THE BANKING LAW JOURNAL during 1992, The entire arrangement, including section numbers, follows the plan of the Eighth Edition of the Banking Law Journal Digest, which contains summaries of more than 15,000 banking decisions that have been pub- lished in THE BANKING LAW JOURNAL from the time of its establishment in 1889 down to and including December 1991. The Cumulative Supplement, which is updated annually, contains subsequent cases. CONTENTS Page Page PART I—BANKING LAW 3. BANK SUPERVISION AND REGULATION 1. ORGANIZATION AND STRUCTURE § 22.05 Powers of Federal Reserve Board §4.40 Liability of Directors, § 23.05 Federal Deposit In General Insurance Corporation, § 6.15 Liability on Note In General §7.50 Leases and Mortgages § 23.15 Administrative Powers § 23.25 Receivership of a Closed Bank 2. BANK POWERS AND FUNCTIONS § 23.30 Receivership of Insolvent Bank §9.05 In General 4. SPECIALIZED ORGANIZATIONS § 10.05 Contractual Obligations, WITH BANKING FUNCTIONS In General § 13.00 Real Estate Loans § 26.00 Savings and Loan § 13.70 Foreclosure Associations § 13.85 Right to Deficiency § 14.10 Relation Between Bank 6. CONSUMER CREDIT and Borrower PROTECTION $14.35 Participating Loans § 19.25 Right of Setoff, § 35.00 In General In General § 35.05 State Laws § 20.05 Joint Deposits, § 35.10 Expedited Funds In General Availability Act BANKING LAW JOURNAL § 38.10 Truth-in-Lending Act, Disclosure Proof of Revocation 7. OFFENSES BY BANK AND BANK Implied by Operation CRIMES Proof of Revocation § 39.10 Transactions Held Not Implied by a Writing Usurious Burdens of Proof § 39.45 Usury as a Defense and Presumptions by Guarantor Testamentary Capacity § 40.10 Conversion to Revoke Wills § 40.20 Misapplication of Funds... . Testamentary Capacity § 40.30 Breach of Fiduciary Duty... Undue Influence § 40.35 Property Excluded § 40.40 Racketeer Influenced and From Estate Corrupt Organizations Act. . Property Held in Joint Tenancy or Tenancy by the PART II—BANKRUPTCY Entirety Renunciation or 8. LIQUIDATION Disclaimer by Beneficiary § 45.10 Debts Incurred by Fraud ... § 46.20 Avoidance of Preferential 15. CONSTRUCTION OF WILLS Transfers § 64.05 Nature and Extent of Beneficiary’s Interest PART If1I—TRUST AND ESTATES LAW § 64.45 Testator’s Intent § 65.20 Adopted Children 12. EXECUTION AND ATTESTATION § 65.25 Illegitimate Children OF WILLS § 65.30 Omitted Spouse or Children § 55.20 Attestation § 55.35 Witnesses § 56.05 Holographic Wills 16. TRUSTS § 57.05 Joint and Mutual Wills §57.15 Other Contracts § 67.25 Charitable § 68.00 Powers and Duties 13. EXECUTORS AND of Trustee ADMINISTRATORS § 68.35 Allocation of Assets to Income or Principal § 58.05 Appointment § 58.20 Removal § 59.05 Presentment and PART IV—ARTICLE 3, Payment of Claims COMMERCIAL PAPER § 59.30 Prudent Investment and Sales 19. NEGOTIABILITY AND 14. VALIDITY OF WILLS ESSENTIAL ELEMENTS OF NEGOTIABILITY § 60.10 Admissible Evidence and Findings § 88.00 Construction of § 60.15 Timely Filing Negotiable Instruments .... 1992 DIGEST INDEX Page Page 22. LIABILITY OF THE PARTIES PART VI—OTHER ARTICLES OF THE UCC § 103.15 Dummy Payee/Fraudulent Employee 30. ARTICLE 5, LETTERS OF CREDIT § 112.00 Liability of Accommodation Party § 162.00 Scope of Article 5 § 113.00 Liability of Guarantor § 169.25 Wrongful Dishonor § 113.05 In General § 170.05 Strict Compliance With § 116.00 Conversion of Terms of Letter Negotiable Instruments .... 602 § 171.15 Injunctions Allowed Where Underlying Transaction PART V—ARTICLE 4, BANK Fraudulent DEPOSITS AND COLLECTIONS 25. INTRODUCTION TO BANK 32. ARTICLE 9, SECURED DEPOSITS AND COLLECTIONS TRANSACTIONS § 141.00 Warranties of Customer § 179.10 Fixtures and Collecting Bank § 183.00 Priority Rules BANKING LAW JOURNAL Part I—BANKING LAw financing for construction project. Pe- terson Dev. Co. v. Torrey Pines Bank, 1. ORGANIZATION AND STRUCTURE 284 Cal. Rptr. 367, 109 B.L.J. 183. § 4.40. Liability of directors, in Louisiana (1991) Bank was liable for general. breach of contract in failing to issue suc- U.S. Court of Appeals, 7th Cir. (1991) cessive letters of credit. Trans-Global Federal Reserve Board entitled to as- Alloy Ltd. v. First Nat’l] Bank, 583 So. sess penalties against directors of bank 2d 443, 109 B.L.J. 182. holding company following failure of a subsidiary. Stanley v. Board of Gover- § 13.00. Real estate loans. nors, 940 F.2d 267, 109 B.L.J. 283. U.S. Court of Appeals, 2d Cir. (1991) Mortgagee who bid entire amount of in- § 6.15. Liability on note. debtedness at foreclosure sale could not Georgia (1991) President of corporation maintain action for damages under ap- who signed promissory note twice was plicable state law. Chrysler Capital Re- obligated individually on corporation’s alty, Inc. v. Grella, 942 F.2d 160, 109 indebtedness. Carroll v. Stauffer, 407 B.L.J. 377. S.E.2d 480, 109 B.L.J. 182. Alabama (1991) Contract of sale for real § 7.50. Leases and mortgages. property did not preclude the seller from New Jersey (1992) Statute requiring placing additional burdens on the prop- mortgage bankers to be bonded pro- erty prior, to time the seller was required tected consumers, not business creditors to “issue” a deed. McAllister v. Altus of mortgage bankers. Midlantic Nat’l Bank, 578 So. 2d 1266, 109 B.L.J. 89. Bank v. Peerless Ins. Co., 601 A.2d 243, 109 B.L.J. 376. § 13.70. Foreclosure. U.S. Court of Appeals, 8th Cir. (1991) Mortgagee not entitled to damages 2. BANK POWERS AND FUNCTIONS where it bid entire amount of mortgage debt at foreclosure sale. Page v. City of § 9.05. In general. Duluth, 945 F.2d 241, 109 B.L.J. 377. U.S. Court of Appeals, 11th Cir. (1991) Bank, which simply executed customer’s Connecticut (1991) Judgment of strict order for commercial paper was not a foreclosure was upheld where defen- “seller” or “offeror” of securities sub- dants did not assert defense of nonliabil- ject to liability under the Securities Act ity for interest in a timely manner. of 1933. Ryder Int’l Corp. v. First Am. Suffield Bank v. Berman, 594 A.2d 493, Nat’l Bank, 943 F.2d 1521, 109 B.L.J. 109 B.L.J. 183. 376. § 13.85. Right to deficiency. § 10.05. Contractual obligations, in U.S. Court of Appeals, 2d Cir. (1991) general. Mortgagee who successfully bid for en- California (1991) Bank not liable for tire amount of indebtedness at foreclo- breach of contract in refusing to provide sure sale could not sue for damages. 594 1992 DIGEST INDEX Chrysler Capital Realty, Inc. v. Grella, Resolution Trust Corp. v. Home Sav. of 942 F.2d 160, 109 B.L.J. 283. Am., 946 F.2d 93, 109 B.L.J. 378. Louisiana (1991) A mortgagee could § 19.25. Right of setoff, in general. not obtain deficiency judgment where it Ohio (1991) Bank acted improperly in failed to give proper notice of the mort- setting off a corporation’s debt against gagor’s right to seek appraisal. SAMCO the account of an individual shareholder Mortgage Corp. v. Armstrong, 579 So. of the corporation. Wakefield v. First 2d 521, 109 B.L.J. 89. Bank Nat’l Ass’n, 577 N.E.2d 434, 109 B.L.J. 184. § 14.10. Relation between bank and borrower. § 20.05. Joint deposits, in general. Arkansas (1992) Guarantor of note was Arkansas (1991) Evidence failed to es- liable where creditor’s fraud was not es- tablish that contents of safety deposit tablished. Marsh v. National Bank of box were subject to right of survivor- Commerce of El Dorado, 822 S.W.2d ship. Wright v. Union Nat’! Bank of 404, 109 B.L.J. 377. Ark., 819 S.W.2d 698, 109 B.L.J. 381. Missouri (1991) A bank could not rely on Mississippi (1991) Decedent created a general partner’s apparent authority to joint tenancy as to certificates of de- deposit loan proceeds in a nonpartner- posit, which were not part of her estate. ship account where it had actual knowl- Cooper v. Crabb, 587 So. 2d 237, 109 edge that the general partner was acting B.L.J. 290. contrary to the partnership agreement. Green River Assocs. v. Mark Twain Oregon (1991) Evidence established Bank, 808 S.W.2d 894, 109 B.L.J. 90. that decedent intended to create a right of survivorship in several accounts in Oregon (1991) Bank could recover in- favor of one of his daughters. Blessing v. Nicholas, 820 P.2d 1376, 109 B.L.J. 381. sufficient funds check charges where de- positors were made aware of charges before they opened accounts. Tolbert v. 3. BANK SUPERVISION AND First Nat’] Bank of Ore., 823 P.2d 965, REGULATION 109 B.L.J. 376. § 22.05. Powers of Federal Reserve Texas (1991) An alleged oral commitment Board. to make a loan was not binding where U.S. Supreme Court (1991) Federal dis- material terms of the agreement were ab- trict courts may not enjoin Board sent. Bank of El Paso v. T.O. Stanley Boot “source of strength” proceedings. Board Co., 809 S.W.2d 279, 109 B.L.J. 91. of Governors v. MCorp. Fin., Inc., 60 U.S.L.W. 4005, 109 B.L.J. 284. § 14.35. Participating loans. U.S. Court of Appeals, 8th Cir. (1991) § 23.05. Federal Deposit Insurance Repurchase agreement was unenforce- Corporation, in general. able where it violated requirement that U.S. District Court, E.D. La. (1991) The such agreements be without recourse. Comprehensive Crime Control Act ap- 595 BANKING LAW JOURNAL plies retroactively to permit FDIC to U.S. Court of Appeals, 11th Cir. (1991) void fraudulent transfers. FDIC v. Yeme- The FDIC may disaffirm or repudiate los, 778 F. Supp. 329, 109 B.L.J. 377. contracts entered into by a closed bank prior to its closing, if the contract inter- feres with the FDIC’s resolution of the § 23.15. Administrative powers. closed bank’s affairs. The federal statute U.S. Court of Appeals, 5th Cir. (1991) giving the FDIC these powers does not The Federal Deposit Insurance Corp. violate the contract clause of the U.S. (FDIC) had authority to bar a former Constitution. Bayshore Executive Plaza bank officer from participating in the af- Partnership v. FDIC, 943 F.2d 1290, 109 fairs of an insured banking institution. B.L.J. 373. Jameson v. FDIC, 931 F.2d 290, 109 B.L.J. 91. § 23.30. Receivership of insolvent bank. § 23.25. Receivership of closed U.S. Court of Appeals, 2d Cir. (1991) bank. FDIC could enforce guaranty where U.S. Court of Appeals, 1st Cir. (1991) there was no indication FDIC caused An alleged oral commitment to make a default giving rise to liability under loan could not be asserted against the guaranty. FDIC v. Bernstein, 944 F.2d FDIC. Timberland Design, Inc. v. FDIC, 101, 109 B.L.J. 379. 932 F.2d 46, 109 B.L.J. 92. U.S. Court of Appeals, 3d Cir. (1991) U.S. Court of Appeals, 8th Cir. (1991) FIRREA divested court of jurisdiction to Under 12 U.S.C. § 1823(e), certain enforce law firm’s claim to retain files of agreements entered into by a failed fi- failed bank. FDIC v. Shain, Schaffer & nancial institution prior to its failure are Rafanello, 944 F.2d 129, 109 B.L.J. 379. not enforceable against federal banking regulators unless they meet certain pro- U.S. Court of Appeals, 5th Cir. (1991) cedural requirements, including the re- Standby letters of credit were “prov- quirement of contemporaneity with the able” against FDIC even though at- failed institution’s acquisition of the un- tempted draw occurred after issuing derlying asset. This suggests that any bank’s insolvency. Citizens State Bank loan modification or workout agree- of Lometa v. FDIC, 946 F.2d 408, 109 ment entered into after the initial clos- B.L.J. 378. ing or purchase of a loan by a financial institution may be unenforceable U.S. Court of Appeals, 5th Cir. (1991) against federal banking regulators after Alleged breach of loan agreement could the institution fails, to the extent that be asserted as defense to FDIC’s suit on the agreement adversely affects the promissory note. FDIC v. Laguarta, 939 original loan documents, unless the F.2d 1231, 109 B.L.J. 284. agreement is entered into simultane- ously with a new promissory note. FDIC U.S. Court of Appeals, 5th Cir. (1991) v. Manatt, 922 F.2d 486 (8th Cir. 1991), FDIC entitled to recover on note. cert. denied, 111 S. Ct. 2889 (1991), 109 FDIC v. Hamilton, 939 F.2d 1225, 109 B.L.J. 177. B.L.J. 285. 596 1992 DIGEST INDEX 4. SPECIALIZED ORGANIZATIONS § 38.10. Truth-in-Lending Act, WITH BANKING FUNCTIONS disclosure. U.S. Court of Appeals, 8th Cir. (1991) § 26.00. Savings and loan Savings and loan association violated associations. Truth-in-Lending Act and Regulation Z U.S. Court of Appeals, 5th Cir. (1991) by not disclosing composite annual per- RTC was “holder” within meaning of centage rates. Sentinel Fed. Sav. & Loan guaranty agreement and thus had stand- Ass’n v. Office of Thrift Supervision, ing to enforce note and guaranty. RTC v. 946 F.2d 85, 109 B.L.J. 380. Marshall, 939 F.2d 274, 109 B.L.J. 286. 7. OFFENSES BY BANK AND BANK U.S. Court of Appeals, 11th Cir. (1991) CRIMES Director not entitled to indemnification for expenses in defending action against § 39.10. Transactions held not him where he did not receive favorable usurious. judgment as to all claims against him. U.S. Court of Appeals, 5th Cir. (1991) Harris v. Resolution Trust Corp., 939 Prepayment premium upon acceleration F.2d 926, 109, B.L.J. 285. of debt was valid under applicable state law. Parker Plaza West Partners v. 6. CONSUMER CREDIT PROTECTION UNUM Pension & Ins. Co., 941 F.2d 349, 109 B.L.J. 287. § 35.00. In general. U.S. Court of Appeals, 11th Cir. (1991) § 39.45. Usury as a defense by Attorney who could not show distinct guarantor. injury lacked standing to challenge U.S. Court of Appeals, 5th Cir. (1991) Board’s approval of bank acquisitions. RTC could enforce note where maker Kaimowitz v. Board of Governors, 940 and guarantor could not sustain defense F.2d 610, 109, B.L.J. 286. of usury. Colony Creek, Ltd. v. RTC, 941 F.2d 1323, 109 B.L.J. 287. § 35.05. State laws. § 40.10. Conversion. Alabama (1991) A bank was a “seller” Nebraska (1991) Bank did not convert under applicable state law and therefore shares of stock pledged by guarantor to not entitled to a deficiency judgment guarantee debt of corporation. McCor- where the property originally sold for mack v. First Westroads Bank, 473 less than $1,000. Divine v. People’s N.W.2d 102, 109 B.L.J. 184. Bank, 579 So. 2d 638, 109 B.L.J. 92. North Dakota (1991) Bank did not act § 35.10.Expedited Funds Availability unlawfully in repossessing three vehicles Act. from automobile dealership. Jerry Har- U.S. District Court, N.D. Ill. (1993) A mon Motors, Inc. v. First Nat’] Bank & bank’s “holding” of a depositor’s check Trust Co., 472 N.W.2d 748, 109 B.L.J. 185. was not a deprivation of property with- out due process of law in violation of the § 40.20. Misapplication of funds. fifth amendment. Drury v. Horizon Sav. U.S. Court of Appeals, 9th Cir. (1991) Bank, 762 F. Supp. 235, 109 B.L.J. 93. President of savings and loan associa- 597 BANKING LAW JOURNAL tion was properly convicted of misappli- was induced by false representations. Jn cation of funds even though no conver- re Collins, 946 F.2d 815, 109 B.L.J. 380. sion of the funds was alleged. United States v. Musacchio, 940 F.2d 486, 109 § 46.20. Avoidance of preferential B.L.J. 288. transfers. U.S. Supreme Court (1991) Payments § 40.30. Breach of fiduciary duty. on long-term debt may qualify for “ordi- South Dakota (1991) Bank was not liable nary course of business” exception to for failure to pay a commission in the ab- bankruptcy trustee’s power to avoid sence of contractual obligation or special preferential transfers from debtor to fiduciary relationship. Ainsworth v. First creditor. Union Bank v. Wolas, 60 Bank, 472 N.W.2d 786, 109 B.L.J. 185. U.S.L.W. 4043, 109 B.L.J. 288. § 40.35. Fraud. U.S. Court of Appeals, 4th Cir. (1991) Part Ill—Trust AND Estates Law Defendants who wrote bad checks could not be prosecuted under the Bank 12. EXECUTION AND ATTESTATION Fraud Statute where the bank suffered OF WILLS no loss. United States v. Orr, 932 F.2d 330, 109 B.L.J. 93. § 55.20. Attestation. U.S. Court of Appeals, Sth Cir. (1991) Maryland (1991) Evidence was insuffi- Bank acted improperly regarding its in- cient to establish that attestation page tentions as to renegotiation of credit was not affixed to will when will was agreement. Richter v. Bank of Am. signed. Goroum v. Rynarzewski, 599 Nat’! Trust & Sav. Ass’n, 939 F.2d 1176 A.2d 843, 109 B.L.J. 382. (Sth Cir. 1991), 109 B.L.J. 288. § 55.35. Witnesses. § 40.40. Racketeer Influenced and North Carolina (1991) It was a question Corrupt Organizations Act. of fact whether person who notarized U.S. District Court, D.N.H. (1991) A will could qualify as an “attesting wit- bank organizer did not have standing to ness.” Brickhouse v. Brickhouse, 407 bring a civil Racketeer Influenced and S.E.2d 607, 109 B.L.J. 188. Corrupt Organizations Act (RICO) suit because the alleged injury was to bank. South Carolina (1992) Will proponents Bennett v. Centerpoint Bank, 761 F. were entitled to have denial of admis- Supp. 908, 109 B.L.J. 94. sion of will to probate reopened on basis of mistake of fact in probate court proceeding. Coleman v. Dunlap, 413 Part II—BANKRUPTCY S.E.2d 15, 109 B.L.J. 381. 8. LIQUIDATION § 56.05. Holographic wills. California (1991) Unrecorded will could § 45.10. Debts incurred by fraud. not operate to sever joint tenancy. Jn re U.S. Court of Appeals, 11th Cir. (1991) Estate of England, 284 Cal. Rptr. 361, Debt was nondischargeable where it 109 B.L.J. 188. 598 1992 DIGEST INDEX § 57.05. Joint and mutual wills. accrued interest. Williams v. Faucett, New York (1991) Surviving spouse was 579 So. 2d 572, 109 B.L.J. 98. not contractually bound by joint will en- tered into with deceased spouse. Jn re 14. VALIDITY OF WILLS Estate of Di Siena, 576 N.Y.S.2d 953, 109 B.L.J. 382. § 60.10. Admissible evidence and findings. § 57.15. Other contracts. Kansas (1991) A portion of a codicil was Florida (1992) Contract not to change properly stricken where it did not cor- or revoke wills was valid. Jn re Estate of rectly express the decedent’s intent. Jn Boyar, 592 So. 2d 341, 109 B.L.J. 381. re Estate of Smelser, 818 P.2d 822, 109 B.L.J. 291. 13. EXECUTORS AND ADMINISTRATORS § 60.15. Timely filing and objection for probate. § 58.05. Appointment. Georgia (1991) Legatees and debtors Florida (1991) Personal representative had standing to appeal denial of petition was required to be appointed to repre- to probate will as they had received no- sent those interested in decedent’s es- tices of the proceedings. Bruce v. Mc- tate. Reopelle v. Reopelle, 587 So. 2d Mullen, 404 S.E.2d 620, 109 B.L.J. 98. 508, 109 B.L.J. 290. § 60.25. Timely claims against estate. Texas (1991) Decedent’s brother’s failure Kansas (1991) FDIC properly substi- to indicate that decedent was survived tuted estate for deceased individual in by spouse rendered letters of administra- its action against the individual. Jn re tion issued to brother invalid. George v. Estate of Rains, 815 P.2d 61, 109 B.L.J. George, 813 S.W.2d 236, 109 B.L.J. 189. 190. § 58.20. Removal. Missouri (1991) An insurance company Arkansas (1991) Executrix would not be that issued an annuity was an “inter- removed absent a showing of breach of ested person” entitled to petition for ad- fiduciary duty. Morris v. Culliper, 816 ministration of the estate. Jn re Wind- S.W.2d 878, 109 B.L.J. 291. holz, 809 S.W.2d 30, 109 B.L.J. 99. § 59.05. Presentment and payment § 61.05. Proof of revocation implied of claims. by operation of law. Mississippi (1991) Ex-wife’s claim against California (1991) Holographic will was former husband’s estate was supported revoked by operation of “revocation by by evidence. Raspilair v. Estate of Raspi- divorce” statute. In re Reeves, 284 Cal. lair, 583 So. 2d 970, 109 B.L.J. 189. Rptr. 650, 109 B.L.J. 190. § 59.30. Prudent investment and § 61.10. Proof of revocation implied sales. by a writing. Alabama (1991) Sale of estate property Florida (1991) Written statement of re- was appropriate to satisfy bequests and vocation was sufficient to permit pro- 599 BANKING LAW JOURNAL ceeding to determine if will had been (ERISA) did not preempt state commu- validly revoked. In re Estate of Dickson, nity property law. Succession of Netter- 590 So. 2d 471, 109 B.L.J. 383. ville, 579 So. 2d 1046, 109 B.L.J. 100. § 61.25. Burdens of proof and § 63.20. Property held in joint presumptions. tenancy or tenancy by the Oklahoma (1991) Affidavit allegedly re- entirety. voking will was not valid where it did Florida (1991) Evidence indicated that not comply with statutory requirements. two signatories on decedent’s bank ac- Pool v. Estate of Shelby, 821 P.2d 361, count had right of survivorship. Jn re Es- 109 B.L.J. 383. tate of Combee, 583 So. 2d 708, 109 B.L.J. 191. § 61.35. Testamentary capacity to revoke wills. Missouri (1991) Probate court’s determi- Oklahoma (1991) Decedent’s writing of nation of joint tenancy, rather than ten- “void” on each page of will indicated ancy in common, was conclusive. Baker itent to revoke will. Jn re Estate of Aus- v. Baker, 813 S.W.2d 116, 109 B.L.J. 191. ley, 818 P.2d 1226, 109 B.L.J. 292. § 63.25. Renunciation or disclaimer § 62.25. Testamentary capacity. by beneficiary. Ohio (1989) Evidence of alcohol abuse Louisiana (1991) Absent proof of fraud, was insufficient in itself to establish lack a creditor was not entitled to reopen the of testamentary capacity. Doyle v. debtor’s renunciation of legacy and then Schott, 582 N.E.2d 1057, 109 B.L.J. 384. claim such legacy on the debtor’s behalf. Succession of Neuhauser, 579 So. 2d Texas (1991) Evidence established that 437, 109 B.L.J. 100. decedent had requisite testamentary ca- pacity when executing her will. Hammer v. Powers, 819 S.W.2d 669, 109 B.L.J. 384. Texas (1991) A disclaimer of an inheri- tance was not a fraudulent “transfer” § 62.30. Undue influence. under applicable state law. Dyer v. Eck- Missouri (1991) Evidence did not estab- ols, 808 S.W.2d 531, 109 B.L.J. 101. lish that the testator lacked testamen- tary capacity or was subject to undue in- 15. CONSTRUCTION OF WILLS fluence. Morse v. Volz, 808 S.W.2d 424, 109 B.L.J. 99. § 64.05. Nature and extent of beneficiary’s interest. New Mexico (1991) Donor was subject Oregon (1992) “Scrivener’s error” to undue influence when executing quit- would not be corrected so as to change claim deed. Montoya v. Torres, 823 P.2d unambiguous terms in will. Scarlett v. 905, 109 B.L.J. 382. Hopper, 823 P.2d 435, 109 B.L.J. 382. § 63.15. Property excluded from § 64.45. Testator’s intent. estate. District of Columbia (1991) The phrase Louisiana (1991) The Employee Retire- “and other personal property” was am- ment Income Security Act of 1974 biguous and required extrinsic evidence 600