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Property Keyed to Saxer
In re Estate of Ward
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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:
Doris and Bobby Ward were husband and wife. Both had adult children from a previous marriage, but had no children together. Dwana Phillips (Plaintiff)was Doris’ daughter from a previous marriage. After Doris died, Bobby (Defendant) filed an application with the court to probate Doris’ will. In the will, Doris left a seventy-seven-acre tract of real property, referred to as the “family farm” that she independently owned, to Defendant. The trial court probated the will and appointed Defendant as executor. Thereafter, Plaintiffsued, requesting a declaration from the trial court as to her rights under a purported deed of the family farm to her. Plaintiff claimed that Doris conveyed the family farm to her on a piece of paper delivered before Doris and Defendant went to Europe on vacation. However, the document was destroyed when the couple returned from Europe. The matter was tried before a jury. At the close of the evidence, the jury found that (1) Doris had signed a deed to the family farm and delivered the deed to Plaintiff and (2) Defendant exerted undue influence over Doris in the execution of the probated will. The trial court held for Plaintiff and Defendant appealed.
- 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.