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Wills, Trusts & Estates keyed to Dobris
Wilcox v. Gentry
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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.
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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:
Frank Gentry created a revocable trust for which he was the beneficiary during his lifetime. Upon Gentry’s death the trust property was to be distributed to named individuals with one fifth remaining in trust for Isabell Gentry. The trust specified that the trustee was to make distributions on her behalf deemed advisable after considering all sources available to her. Ron and Nancy Wilcox, Appellants, obtained a judgment against Isabell Gentry which they sought to garnish payments from the trust to satisfy. The trial court held that any trustee payments directly to Isabell Gentry were subject to garnishment but trustee payments for Isabell’s benefit were not. The Appellants now appeal this decision.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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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