Wills, Trusts & Estates keyed to Dobris
Matter of Kinzler
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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:
Appellant appeals a lower court ruling that (1) awarded the objectants’ attorney $ 7,000 as and for legal fees, payable by the estate, (2) held that the sale of the decedent’s residence to one of the beneficiaries, who was also a testamentary trustee under the will, was tainted with a conflict of interest and self-dealing, (3) held the payment by the executor to himself of advance legal fees, without prior court order, to be improper and ordered him to refund $ 11,595.15, plus interest in the amount of $ 16,398.68, for a total of $ 27,993.83, and (4) fixed the legal fees of the executor in amounts less than requested. The matter arose as of the results of Respondents complaint that Plaintiff had violated his fiduciary duties because he was engaged in self-dealing and prejudiced and biased disposal of the estate. Appellant contends that he satisfactorily fulfilled his executor duties and appeals.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.