Wills Trusts & Estates keyed to Dukeminier
Via v. Putnan
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. Review the Facts of this case here:
Edgar Putnan executed a mutual will with his wife Joann Putnan. Each agreed not to do anything that would defeat the distribution scheme of their wills. Joann Putnan died and did nothing to disrupt the distribution scheme of her will. Edgar Putnan remarried Rachel Putnam. Rachel Putnam elected to take her elective share as a pretermitted share. Edgar Putnam’s children from his first marriage sought to claim a judgment against their father’s estate as third party beneficiaries of his mutual will. The trial court held that the children were third party beneficiaries of their parents wills and that Edgar Putnam breached the contract by remarrying and upsetting the distribution scheme. The Appellate Court reversed.
- 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.