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Wills Trusts & Estates keyed to Dukeminier
Estate of Collins
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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.
- 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. Review the Facts of this case here:
The defendants, Lamb and Millikan were, respectively, Collin’s business partner and lawyer. The two men were named in Collin’s will as trustees. The beneficiaries in Collins’ testamentary trust were his wife, children, his mother and father. The will included general support provisions. It also specifically provided that the trustees pay the testator’s daughter $4,000 a year for her undergraduate and graduate education. The trust also stated that the trustees were not limited by “what the law provides are proper investments.” The defendants invested two-thirds of the trust principal in a single investment. They invested in real property that was secured only by a second deed of trust. The land had sold for $107,000 and was subject to a first deed of $90,000. The land was never appraised and the defendants only had the word of a real estate broker that the property in the area was going for $18,000 to $20,000 a parcel. The builder pledged 20 percent of their stock but the defendants never obtained possession of the stock nor did they place it in escrow or have it legended. The defendants accepted the personal guarantees of the builders and their wives without investigation the financial status of these persons.
- 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.