Estate of James G. Frazier, Deceased, James G. Frazier Jr., Executor - Page 14




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          for their removal.  The method by which they are affixed to the             
          ground supports the conclusion that these improvements are                  
          integral to the premises.                                                   
               Additionally, we find that the parties to the lease intended           
          to integrate these improvements into the premises.  The U.S.                
          Court of Appeals for the Ninth Circuit and State courts have                
          examined intent with regard to this point.10  FNF is a family-              
          operated business, with decedent and his family owning all of the           
          FNF shares and the land upon which the leased premises is located           
          and holding all the executive positions in FNF.  At trial,                  
          decedent’s son testified that the decedent created FNF for his              
          family to operate and pass down to his children and, hopefully,             
          his grandchildren.  At the time the improvements were made,                 

               10  See Societa Italiana Di Mutua Beneficenza v. Burr, 71              
          F.2d 496 (9th Cir. 1934).  The U.S. Court of Appeals for the                
          Ninth Circuit, in determining whether a motor and pump were                 
          fixtures, stated that “the question of whether or not personal              
          property attached to the land has become a fixture by reason of             
          the method by which it is affixed is a question of intent * * *.”           
          Id. at 500.                                                                 
               See also Pfeifle v. Tanabe, 620 N.W.2d 167 (N.D. 2000).  The           
          Supreme Court of North Dakota, in interpreting a statute with               
          similar language to California Code sec. 1019, stated that “the             
          parties’ intent is the preeminent factor in analyzing whether an            
          item is a trade fixture”.  Id. at 174.  The Court stated that the           
          means of attachment and the adaption of the item to the purpose             
          of the premises are evidence of this intent.  Id.                           
               See also Hanson v. Ryan, 201 N.W. 749 (Wis. 1925).  The                
          Supreme Court of Wisconsin stated that intent is the principal              
          consideration in determining whether personal property placed on            
          real estate is removable or not, in interpreting a State statute            
          similar to California Code sec. 1019.  Id. at 750-751.                      





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