SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates keyed to Weisbord
Irwin Union Bank & Trust Co. v. Long
Citation:
312 N.E.2d 908 (1974)Facts
Laura Long created a trust naming her son Philip W. Long as beneficiary. The trust instrument provided in Item V C that once Philip reached age twenty-one and was not a full-time student, he would have the right to withdraw up to 4% of the trust’s market value once per calendar year upon thirty days’ written notice to the trustee. This right was non-cumulative and could not exceed the market value of trust assets other than real estate interests. Victoria Long, Philip’s ex-wife, obtained a $15,000 divorce judgment against Philip in 1957. Seeking to satisfy this judgment through supplemental proceedings, Victoria petitioned to reach the trust assets, arguing that Philip’s withdrawal right constituted a vested property interest subject to execution. Philip never exercised his withdrawal right under the trust provisions. The trial court ruled in Victoria’s favor, ordering that the 4% withdrawal right was not exempt from execution and issuing a writ of execution against the trust corpus.
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.