SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Sterk
Cessac v. Stevens
Citation:
127 So.3d 675 (2013)Facts
The decedent, who died in January 2011, left $5,000 to Sharon Peeples and the remainder of her estate to Joanne Cessac. Her will mentioned several trusts, including the Stanton P. Kettler Trust, but did not specifically address the powers of appointment or the distribution of assets from these trusts. The will referenced trusts that allowed the decedent’s daughter, Sally, to designate who would receive trust assets after her death. If Sally predeceased the decedent or did not exercise her power of appointment, the assets would go to Sally’s children or their descendants. The decedent’s daughter, Marcia Stevens, filed a petition for a declaratory judgment in the probate case.
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