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Wills, Trusts & Estates keyed to Dobris
Haynes v. First National State Bank of New Jersey
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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:
Testator was left a large estate after the death of her husband. She had two daughters, Betty Haynes and Dorcas Cotsworth, each who had children of their own. Haynes and her two sons came to live with testator after her husband’s death. Gaynes’ sons moved away at the disappointment of their grandmother, however Gaynes continued to live with her mother until her own death. Testator then went to live with her younger daughter, Cotsworth. During testator’s lifetime she executed many wills and trusts agreements which were prepared by a long time family attorney, Richard Stevents. After moving in with her younger daughter, testator executed a will leaving most of her estate to her daughter Cotsworth and very little to her two grandsons. This will was drawn up by the Cotsworth family attorney after several conversations between the Cotsworth family and the attorney. Plaintiffs, testator’s grandsons, sought to set aside the will on grounds of undue influence arising from the confidential relationship between testator and her daughter, the chief beneficiary. The trial court held that the Defendants rebutted the presumption of undue influence and that an in terrorem clause in the will was unenforceable. The appeals court affirmed but held the clause enforceable. Plaintiffs now appeal.
- 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.