SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Bonfield
Old Colony Trust Company v. Rodd
Citation:
254 N.E. 2d 886 (Mass. 1970)Facts
The contested trust accounts covered the period from November 1963 to November 1965. The trust held securities valued at approximately $220,000 (book value) and $423,000 (market value), with accumulated and unexpended income of around $33,500. There were fifteen potential beneficiaries, ranging in age from forty to over eighty. Each year, the trustee sent questionnaires to determine financial need but did not follow up on incomplete responses.
Distributions varied based on financial circumstances. Several elderly beneficiaries with modest incomes received monthly payments and medical expense reimbursements. Some beneficiaries with higher household incomes received payments for their children’s education. The respondent, a single woman with no assets aside from her salary, earned $4,625 in the fortieth accounting period and $5,292 in the forty-first. The trustee covered her federal taxes and personal bills and provided a monthly allowance, which increased from $65 to $115. She received total payments of $2,074 and $2,131 for the respective periods. She objected to the adequacy of these payments.
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.
11m 20s