Confirm favorite deletion?
Property Keyed to Rabin
Margarite v. Ewald
Facts
A deed conveyed property to “John Ewald and Mary B. Ewald his wife and Joseph Ewald . . . as tenants in common with the right of survivorship.” Mary died intestate, leaving John and her son Mario Margarite (Plaintiff) as her sole heirs at law. John Ewald died about a year later, bequeathing his entire estate to George Ewald (Defendant). Joseph Ewald (Defendant), the third grantee in the original conveyance, was still living. Plaintiff petitioned for an interpretation of the deed to ascertain his interest, if any, in the property in question.The trial court held that the deed created a tenancy in common that gave each grantee a one-third interest. Thus Mary’s one-third interest was divided between John Ewald and Plaintiff, giving the latter a one-sixth interest. On appeal, Defendants’ argued that the deed created between John and Mary a tenancy by the entirety, which should have given John, and in turn George, an undivided one-half interest.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- 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.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- 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.