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Property Keyed to Rabin
Kresser v. Peterson
Citation:Supreme Court of Utah, 1984; 675 P.2d 1193
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- 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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- 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:
Edward Kresser, Sr. owned a home with his wife Della Pyper as joint tenants with rights of survivorship. When Edward died, Della prepared a will that divided the property to Edward’s two sons, the Plaintiffs and her two sons, the Defendants. However, Della later executed a warranty deed, conveying the property out of her estate and to herself and her sons as grantees with the right of survivorship.
Della recorded the deed and placed it in a safety deposit box at a local bank under a lease agreement. The lease agreement was signed by herself and her sons. This agreement outlined that exclusive access to the deed was given to all three grantees and not one party. Plaintiffs filed suit to assert their interest in the property.
- 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.