Wills Trusts & Estates keyed to Dukeminier
In re Pavlinko
Husband and wife, Hellen and Vasil Pavlinko agreed to leave their property to each other in the event that either of them died. Hellen Pavlinko signed the will that was created for her husband and Vasil Pavlinko signed the will that was created for his wife. Hellen’s will was never offered for probate at her death. The will created for Hellen but signed by her husband was dated March 9, 1949. Vasil Pavlinko died February 8, 1957 and Hellen Pavlinko died before her husband on October 15, 1951. The lawyer who created the will and his secretary, Miss Zinkam both signed as witnesses. Miss Zinkam admitted she did not understand the conversation that took place between the Pavlinko’s and did not speak their language. The residuary legatee named in the will in question was Helen’s brother.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.