SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Gallanis
Bank of Dallas v. Republic Nat’l Bank of Dallas
Citation:
540 S.W.2d 499 (Tex. App. 1976)Facts
Patricia Murray Fewell as Settlor, on January 28, 1971, transferred certain properties to the trustee for the “use and benefit of herself and of her children,” and thereafter amended such Trust. The Trust as amended provides in Article 1(a):
Distributions. The trustee shall pay to the Settlor for her uncontrolled use and benefit, all of the net income of the trust during her lifetime.
Article 11(b) provides that upon the death of the settlor the trustee shall distribute or hold the then remaining principal and undistributed income as the settlor may have appointed by will.
Article III Sec. 3.2 contains a spendthrift provision containing customary spendthrift language and nor shall such income or corpus or any portion of same be subject to execution, garnishment or other legal proceeding of any character to the payment of such beneficiary’s debts.
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.
- 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.
11m 20s