SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Bonfield
In re Will of Moses
Citation:
227 So. 2d 829 (Miss. 1969)Facts
Mrs. Moses, aged 57, suffered from serious health issues and alcoholism, and had lost three husbands. She had previously expressed her intention to make her elder sister the beneficiary of her estate, and her 1957 will reflected this. Holland, an attorney 15 years younger than Mrs. Moses, entered her life after her last husband’s death. He became her attorney and claimed to be her “boyfriend.” In 1961, she executed a will, witnessed by Holland’s colleagues, leaving some personal items to him. After her death, a 1964 will was presented by another attorney, who stated he had been entrusted with it for safekeeping. Holland and Mrs. Moses had a continuing fiduciary relationship, and there were allegations that Holland’s influence on her was improper.
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.