SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Gallanis
Dewire v. Haveles
Citation:
534 N.E.2d 782 (Mass. 1989)Facts
Thomas A. Dewire died in January 1941, leaving behind his widow, son Thomas, Jr., and three grandchildren. His will established a residuary trust, directing that the trust’s income be paid to his widow for life, then to Thomas, Jr., his widow, and Thomas, Jr.’s children. After Thomas, Jr.’s death on May 28, 1978, he was survived by all six of his children, having had three more with his second wife. Thomas, III, who had been the trustee since 1978, died on March 19, 1987, leaving a widow and a daughter, Jennifer. The key question is the distribution of Thomas, III’s one-sixth share of trust income after his death. The will states that the grandchildren shall share equally in the trust’s net income, but it lacks explicit instructions on income distribution after a grandchild’s death. There is no explicit provision in the will concerning the distribution of income on the death of a grandchild while the gift of income to grandchildren continues.
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.
Topic Resources
11m 20s