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Wills Trusts & Estates keyed to Dukeminier
In re Honigman
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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.
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- 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:
On May 4, 1956, Frank Honigman, decedent, died and was survived by his wife, Florence. Under a last will and testament that decedent executed one month before his death, he gave $5,000 to each of three named grandnieces, and cut off his wife with a life use of her minimum statutory share, plus $2,500, with the principal to be paid to his surviving brothers and sisters and the descendents of any predeceased brothers or sisters, upon his wife’s death. Decedent bequeathed the other half of his estate in equal shares to his surviving brothers and sisters and to the descendant’s of any predeceased brother or sister. At the time the decedent executed his will, he was under the belief that his wife was unfaithful to him, which affected the dispositions he made in his will. When decedent’s will was offered for probate, his widow Florence, appellant, filed objections alleging that decedent was not of sound mind when he executed his will. The jury found decedent was not of sound m ind and made a decree denying admittance of the will to probate. On appeal the decree was reversed and probate was directed. Appellant appeals.
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