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Wills Trusts & Estates keyed to Dukeminier
In re Estate of Kuralt
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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.
- 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:
Approximately six years after Kuralt married Suzanne Baird, he met Pat Shannon. From 1968 until 1997, Kuralt and Shannon enjoyed a long intimate relationship. Kuralt financially supported Shannon and her children. In 1985, Shannon moved into a log cabin that Kuralt had built for the two of them in Montana. Kuralt deeded his interest in the original 20-acre parcel of the cabin to Shannon during the last few months of his life. Kuralt supplied the purchase price for the 20-acre parcel. After the deed was filed, Shannon sent Kuralt, at his request, a blank buy-sell real estate form so that the remaining 90 acres along the Big Hole where the cabin was situated could be conveyed to Shannon in the same way. However, Kuralt became suddenly ill. Kuralt wrote a letter to Shannon in June of 1997 and enclosed two checks for $8,000 and $9,000. In the 1997 letter, Kuralt described his worsening medical condition and told Shannon that he would have a lawyer visit him in the hospit al to be sure that she would inherit the remainder of the property in Montana. When Kuralt died, Shannon sought to probate the 1997 letter.
- 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.