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Property Keyed to Saxer
Gruen v. Gruen
Citation:496 N.E.2d 869 (N.Y. 1986)
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*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. Review the Facts of this case here:
Plaintiff asserts that his father granted him title to a famous oil painting for his 21st birthday but retained a life estate in the property. Plaintiff produced letters from his father to the trial court evidencing this intent. Plaintiff, however, never took possession of the painting nor did he seek to do so. His father retained possession of the painting until his death.
When the father passed away, his wife, Plaintiff’s stepmother, took possession of the painting. Plaintiff sought to take possession of the painting from the stepmother, but she refused on the ground that the prior gift was testamentary in nature and invalid insofar as the formalities of a will were not met. Alternatively, she alleged that a donor may not make a valid inter vivos gift of a chattel and retain a life estate with complete right of possession. Plaintiff sued seeking a declaration that he was the rightful owner of the painting.
- 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.