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Property Keyed to Saxer
Brokaw v. Fairchild
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*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. Review the Facts of this case here:
In 1886, Isaac V. Brokaw (testator) purchased a plot of land in New York City, located across the street from Central Park. The testator built a three-story residence on one corner of his land. The residence is suitable as a private single-family residence only. In 1913, the testator passed away, leaving a life estate in the residence to four remaindermen, who were to hold the property successively. The first remainderman, Brokaw (Plaintiff), took possession that year. Since then, the character of the neighborhood surrounding the residence changed so that fewer and fewer private residences remained in the area. Plaintiff attempted to rent the residence but found there was no market for rental of private residences. Plaintiff eventually made plans to tear down the residence and construct a 172-room apartment building in its place, estimating he would make a $30,000 profit instead of the annual loss he had sustained in maintaining the private residence. Plaintiff therefore brought this action for a declaration and judgment granting him the authority to replace the residence with an apartment building, despite the objections of the other remaindermen.
- 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.