Confirm favorite deletion?
Wills, Trusts & Estates keyed to Dobris
Estate of Brittin
Facts
Petitioners were friends and neighbors of the decedent and not related to her. They performed services for her between January 1980 and October 1987 including lawn care, painting, driving on personal errands, etc…The decedent passed away and her will was admitted to probate and Petitioners filed a claim against the estate for $25,000 for the personal services. Respondent filed a motion for summary judgment against the Petitioner’s claim. The motion alleged that pursuant to decedent’s will Respondent delivered CDs totaling $25,475 to Petitioners which paid for the personal services. The CDs were held as joint tenants with right of survivorship and the executor was instructed in the will to deliver them to the joint tenants named on the CDs. Petitioners filed a response alleging that despite receiving the CDs the decedent had an intent to have her estate pay them for the services beyond the amounts of the CDs.
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.