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Wills, Trusts & Estates keyed to Dobris
Estate of Coates
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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.
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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:
Testatrix Florence Coates (Testatrix) established a trust in her will to pay net income to her daughter for life, and upon her daughter’s death, to the daughter’s children, and upon the death of the last of her grandchildren, to be divided among her great-grandchildren per stirpes. Upon the death of the great-grandchildren, one-half of the principle was to paid to Appellant hospital (Appellant). Appellant challenges the great-grandchildren’s income interests as invalid against the common law rule of perpetuities. The trial court dismissed Appellant’s action. Appellant argues that under the “possibilities test” there is the possibility that the great-grandchildren’s interests will not vest until twenty-one years after the measuring life, which, under the Rule Against Perpetuities, must have been in existence at the time that the interest was created.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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