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Wills, Trusts & Estates keyed to Dobris
In re Kroos
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- 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.
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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.
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- 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:
Testator father (Testator) left a life estate to his wife with the remainder to be paid to his son and daughter. Testator allowed that his wife may use the principal of the trust as was necessary for her care and support. After Testator’s wife’s death, the remaining portion of the trust was to be equally divided between Testator’s two children. Daughter died before Testator’s wife. Daughter was married but did not leave any descendants. Appellant claimed his wife’s share from Testator’s will. Respondent argued that this share was not to be taken by Daughter’s estate because she died prior to her mother, and therefore her interest was forfeited. The Appellate Court agreed with Respondent. Appellant challenges this finding and claims that Testator meant to defeat Daughter’s
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