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Question 1

Fanny died nine months ago. Her son, Sylvester, was appointed the executor under her will. After he had gathered all the assets and paid all the expenses, he received a decree of final distribution. As he prepares to distribute the remaining assets, pursuant to the will, a cousin, Reba, decides to challenge the will, claiming Fanny had promised to leave her $5,000. There was no such bequest in the will. Under what theory does Reba lose her challenge?

Question 2

Halle died a month ago, leaving a husband, Tyler, and an adult child, Serena. Halle and Tyler lived in an apartment in Staten Island, NY for most of their marriage. The main assets they owned were joint checking and savings accounts (which passed to Tyler by right of survivorship), a 1995 Ford Taurus (in Halle's name), $22,000 stock portfolio (in Halle's name), $2,500 in U.S. Savings Bonds (in Halle's name), a life insurance policy that named Tyler and Serena as joint beneficiaries, household furnishings and personal affects. What type of administration is most appropriate for Halle's estate?