SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Sterk
Trust of Gurney
Citation:
59 N.Y.S.3d 587 (2017)Facts
Petitioner became the successor trustee of a revocable living trust created by Margaret E. Gurney, which directed that, upon Gurney’s death, the trust assets be used for debts and gifts to various individuals and organizations, followed by distributions to three institutions. One of these institutions, St. Mary’s Roman Catholic School, was designated to receive 20% of the residuary trust corpus. However, after Gurney’s death in 2015, petitioner discovered that the school had closed in 2011 and its grounds had been sold. Consequently, petitioner filed a petition seeking permission to equally distribute the school’s share between the other two institutions listed in the trust.
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.