Confirm favorite deletion?
Wills, Trusts & Estates keyed to Dobris
Clark v. Greenhalge
Facts
Nesmith executed a will in 1977 that named Frederic T. Greenhalge as the executor. The will also made Greenhalge her principal beneficiary to all of their tangible personal property upon her death except the items that she “designated by a memorandum left by her and known to Greenhalge, as in accordance with her known wishes to be given to others at her death.” Nesmith kept a plastic covered notebook in her drawer and named it “List to be given Helen Nesmith 1979.” One of the entries among others read, “Ginny Clark farm picture hanging over fireplace.” Several times Nesmith told her home care nurses that the painting should go to Virginia Clark. Nesmith also told Clark that she wanted her to have the painting. Nesmith executed two codicils to her 1977 will, one on May 30, 1980 and one on October 23, 1980. The codicils amended certain bequests and deleted others while ratifying the will. Nesmith also created a document called “MEMORANDUM” with Greenhalge in 1972 and ide ntified it as a list of items of personal property prepared with Miss Helen Nesmith upon September 5,1972 for the guidance of myself in the distribution of personal tangible property. Greenhalge was the executor for Nesmith’s estate. As executor he distributed Nesmith’s property in accordance with the will as amended, the 1972 memorandum as amended in 1976, and certain provisions of the notebook. Greenhalge did not give the painting to Clark because he wanted to keep it. Greenhalge was aware of the notebook and its contents but made no attempt to determine the validity of the gift of her farm scene painting to Clark. Nesmith’s notebook was in existence at the time of the execution of the 1980 codicils. The probate judge ruled that the notebook was a part of the will and Greenhalge appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- 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.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.
- 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.