Confirm favorite deletion?
Wills, Trusts & Estates keyed to Dobris
Estate of Norton
Facts
The decedent had made several wills before his death. After his death in a safe deposit box was found an eight page document which the Propounder, Teab Norton, attempted to admit to probate as the last will and testament of his father. The first six pages were stapled to a cover sheet and did not bear the signature of any witness or notary but did have the decedent’s signature in the corner of each page. The seventh page was titled “Codicil to Last Will and Testament of Lawrence Norton” and after words of disposition contained the decedent’s marked signature and the signature of two witnesses. The last two pages were found stapled together and then stapled to the cover sheet. Decedent’s granddaughter testified that she was instructed by the decedent to staple the two pages to the copy of his will so that they would “be good.” The trial court granted the Respondent’s motion for judgment notwithstanding the verdict and this decision was affirmed by the Court of Appeals. T he Court of Appeals concluded that the first six pages did not constitute a legally valid will because of a lack of witness signatures and that the codicil, although valid, did not incorporate the first document. Propounder now appeals.
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.