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Wills Trusts & Estates keyed to Dukeminier
In re trust of Stuchell
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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.
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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:
The Petitioner sought to modify a trust in regards to one of the remainder beneficiaries because he is retarded. Without the amendment, if the disabled beneficiary survived the other two life-income beneficiaries, he would receive the remainder of funds outright. The petitioner, with the consent of all of the other income beneficiaries and remainder men, sought to modify the trust so that it would not be distributed directly to him if he survived the others, but rather continue to exist as a secondary source of funds to supplement the money he receives from pubic assistance.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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