Wills, Trusts & Estates keyed to Dobris
McGee v. McGee
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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:
Decedent’s will made a bequest of $20,000 to a friend, Fedelma Hurd, and a bequest of “all my shares of stock in Texaco Company and any and all monies standing in my name on deposit in any banking institution” to her grandchildren. Five weeks prior to her death, decedent’s son acting under a written power of attorney withdrew $50,000 from the savings account to purchase United States Treasury bonds. Her sons maintains that the objective was to prevent federal estate tax liability and this action was ratified by his mother. The administrator of the estate brought this action to determine the effect of ademption on the specific legacy to the grandchild and the bequest to the friend. The trial court found that the bequest to the friend failed and the Treasury bonds should be used to satisfy the specific legacy to the 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.