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Downing v. Downing
Citation:606 A.2d 208 (Md. 1992)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1948, Helen Downing and John Downing Sr. bought an 88-acre farm in Carroll County, Maryland. Helen and John Sr. had two children John Jr., and Bonnie. When John Sr. died, Helen became the sole owner of the farm. August 7th, 1972 Helen conveyed the farm to a third-party who immediately reconveyed the property to “Helen S. Downing, widow, and John Robert Downing, as joint tenants, their heirs and assigns, forever in fee simple.” Before those conveyances Helen, assisted by John Jr., negotiated an oral agreement with John Myers whereby Mr. Myers was permitted to grow and harvest crops on part of the farm, in exchange for payments to Helen. The deed from the 1972 conveyances is silent on this arrangement, but afterwards Helen, with John Jr.’s concurrence, continued to receive the payments from Mr. Myers. Helen died January 15, 1987, and Bonnie was named personal representative of Helen’s estate. In her will, Helen made several bequests to various family members, but made no mention of the farm. The residue of the estate was to go half to John Jr. and half to Bonnie. Bonnie filed a complaint seeking to have the 1972 deed construed as creating a tenancy in common, so that, instead of John Jr. receiving the whole farm, half the interest in the farm would go to Helen’s estate, and the other half to John Jr.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.