SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Sterk
Clark v. Greenhalge
Citation:
411 Mass. 410, 582 N.E.2d 949 (1991)Facts
Helen Nesmith executed a 1977 will naming Frederic T. Greenhalge as executor and principal beneficiary of her estate, granting him all tangible personal property unless otherwise designated by memorandum or her known wishes. Among Nesmith’s possessions was a farm scene painting valued at $1,800. While the will referenced a 1972 memorandum of specific bequests (amended in 1976), it did not include the painting. Nesmith maintained a notebook documenting additional bequests, including an entry stating that the painting should go to Virginia Clark. Close friends since 1940, Nesmith repeatedly expressed to Clark, verbally and in writing, her intention to gift the painting. Despite this, Greenhalge, upon Nesmith’s 1986 death, refused to give Clark the painting, claiming the notebook lacked legal force, even though he followed it for other distributions. Clark filed a lawsuit to enforce Nesmith’s intent.
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.
6m 20s