Wills, Trusts & Estates keyed to Dobris
Matter of Marine Midland Bank, N.A
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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- 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:
Carl V. E. Gustafson was married and childless when he died. He disposed of his estate through two trusts. One of the trusts named his wife Elsie as having the life estate. Upon her death the trust corpus was to be paid half to each of Gusafson’s two brothers. However, if either brother was to predecease Elsie then their share was be paid over to their surviving children. And if the brother left no surviving children then the surviving brother would take all. At the time of Elsie’s death only one of Gusafson’s brothers was still living. The other brother, Leonard, had predeceased Elsie. Leonard had a son, Daniel, however he too predeceased Elsie leaving a widow and children who sought to take a share of the trust corpus. Daniel’s widow alleges that “surviving children” was meant to include grandchildren.
- 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.