SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Bonfield
Sankel v. Spector
Citation:
33 A.D.3d 167 (N.Y. Ct. App. 2006)Facts
Eleanor Spector created a trust in 2004 to provide for her own needs and her beneficiaries, Linda Spector and Barbara Berlin. The trust named Linda and Barbara as co-trustees and provided for equal distributions to them, with the remainder going to Barbara’s son after their deaths. After Eleanor passed away in January 2004, disputes arose over the role of co-trustee. Linda invited Sankel, a designated co-trustee, to dinner and asked him to step aside in favor of her fiancé, Jacobs, due to family conflicts. Sankel, unaware of his designation as a trustee, expressed concerns over the trust’s provisions and resisted stepping down. Despite numerous attempts by Linda and Jacobs to replace him, Sankel continued his efforts to fulfill his co-trustee duties. Eventually, Sankel accepted the co-trusteeship in April 2004, after speaking with Barbara, who urged him to retain his position.
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.
14m 33s