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Property Keyed to Merrill
Rothko v. Reis
Citation:372 N.E.2d 291
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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.
- 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. Review the Facts of this case here:
An abstract expressionist painter died testate on February 25, 1970. His estate consisted of 798 paintings of tremendous value. Rothko’s will was admitted to probate and letters testamentary were issued to Bernard Reis, Theodoros Stamos, and Morton Levine. Within a period of only three weeks and by virtue of two contracts, the executors dealt with all 798 paintings. By a contract of sale, the estate executors agreed to sell to Marlborough A.G., 100 Rothko paintings and to Marlborough Gallery approximately 700 paintings. Petitioner Kate Rothko, decedent’s daughter and a person entitled to share in his estate instituted this proceeding to remove the executors, to enjoin MNY and MAG from disposing of the paintings, to rescind the agreements between the executors and said corporations, for a return of the paintings still in possession of those corporations.
- 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.