SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Sterk
Marsman v. Nasca
Citation:
579 N.E.2d 1361 (1991)Facts
Sara Wirt Marsman died in 1971, leaving behind her second husband, T. Frederik “Cappy” Marsman, and her daughter, Sally Marsman Marlette. Sara’s will established a trust for Cappy’s support, allocating one-third of her estate for his benefit and providing the trustees discretion to distribute income and principal as needed. However, after Sara’s death, Cappy struggled financially, relying on minimal distributions from the trust. In 1974, to keep the Wellesley property, Cappy and Sally agreed that she would take over mortgage payments and other expenses in exchange for the house after Cappy’s death. A deed was executed transferring the property to Sally and her husband, Richard Marlette, with a life estate for Cappy. Cappy was aware of the transaction and was pleased with it, though his lawyer, James F. Farr, failed to advise him about using trust funds for the home’s expenses. After Cappy’s death in 1987, Marlette sought to evict Cappy’s widow, Margaret, from the property, sparking a legal dispute over her right to stay in the house.
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.
5m 30s