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Wills, Trusts & Estates keyed to Dobris
In re Tipler
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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.
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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:
Gladys Tipler executed a formal will on April 2, 1982 which left most of her estate to her husband, James Tipler, upon the condition that he survive her. The will did not address the distribution of her estate if she survived him. Two days later Mrs. Tipler executed a holographic codicil to the formal will which provided that if her husband predecease her that his last will and testament would control the disposition of her estate. At the time of the execution of the codicil Mr. Tipler had not executed a will. Mr. Tipler later executed a will and died in 1990. His will created a trust for Mrs. Tipler and directed that on her death the estate should be distributed to his relatives. Mrs. Tipler died in 1994. The trial court determined that under the doctrine of independent significance they could refer to extrinsic evidence to determine the identity of persons who were to take under Mrs. Tipler’s will. Mrs. Tipler’s relatives, that would receive her estate if the codicil was invalid, now appeal the decision by the trial court that the second document was a valid holographic codicil.
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- Policy: Identifies the Policy if any that has been established by the case.
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