CHAPTER 15 ASSIGNMENTS
ASSIGNMENT 1
The client, Mr. Augustin Alcon, would like to know what is required for a valid will.Prepare an information letter to Mr. Alcon informing him of the requirements of the statute. Draft the letter for the signature of the supervisory attorney, Alice Black.Use the letterhead presented in the Application section of Chapter 15.Mr. Alcon’s address is 230 North Second Street, Sunnydale, NW 00066.
Statute:New Washington Statutes Annotated § 15-11-502. Wills:
(1) Except as provided in subsection (2) of this section…a will shall be:
(a) In writing;
(b) Signed by the testator, or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and
(c) Signed by at least two individuals either prior to or after the testator’s death, each of whom signed within a reasonable time after he or she witnessed, in the conscious presence of the testator, either the signing of the will as described in paragraph (b) of this subsection (1) or the testator’s acknowledgement of that signature or acknowledgment of the will.
(2) A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.
ASSIGNMENT 2
Refer to Chapter 13, Web Assignment 1. Using the statutory and case law presented in that assignment, prepare an opinion letter to Mrs. Duran informing her that she probably cannot successfully sue for false imprisonment.Inform her of the law and why the claim would probably not be successful. Draft the letter for the signature of your supervisory attorney, Alice Black.Make up an address for Mrs. Duran and the law firm.
ASSIGNMENT 3
In this assignment, draft the letter for the signature of the supervisory attorney, Alice Black. Use the letterhead presented in the Application section of Chapter 15.Mr. Anderson’s address is 330 Maple Ave., Friendly, NW 00065.
Memo:
We represent Helen Anderson. She is a minority stockholder in Lodestar Inc., a small family corporation.Ms. Anderson owns twenty percent of the stock in the corporation, and her brother Larry Anderson owns fifteen percent.Neither she nor Larry work for Lodestar.Her older brother, Kenneth Anderson, owns sixty-five percent of the stock. He runs the corporation and is the chairperson of the board of directors. Section 2-14 of the corporation by-laws provides that an annual meeting of the shareholders shall be held at the corporate offices on the first Monday of May.The section further provides that the chairperson of the board of directors shall call the meeting. For the past two years Kenneth has refused to call for the holding of the annual shareholder meeting.
Prepare the draft of a demand letter to Kenneth Anderson, demanding that he call for the holding of the annual meeting.Inform him of the provisions of New Washington statute § 77-11-18.Also inform him that if he does not contact us within thirty days of the date of the letter, I will assume that he does not intend to comply with the statute and I will pursue all legal remedies available under the law.Inform him that a lawsuit will be filed in the district court seeking an order directing that the meeting be held, and I will request any fees and costs I may incur in pursuit of the litigation.
Statute: New Washington Statutes Annotated § 77-11-18.Meetings of shareholders:
A.Meetings of shareholders may be held at any place within or without this state in accordance with the bylaws. If no other place is designated in, or fixed in accordance with, the bylaws, meetings shall be held at the registered office of the corporation.
B.An annual meeting of the shareholders shall be held at the time designated in or fixed in accordance with the bylaws. If the annual meeting is not held within any thirteen-month period, the district court may, on the application of any shareholder, order a meeting to be held.