SmartBrief
Confirm favorite deletion?
Wills, Trusts & Estates Keyed to Sterk
Uchtorff v. Hanson
Citation:
693 N.W.2d 790 (2005)Facts
Alfred Uchtorff’s will, disputed mainly over Item VI, allocated a trust fund to his wife, Pearl, with specific conditions regarding her lifetime and after her death. If Pearl died before Alfred or remarried without renouncing her interest, the trust would be distributed differently. If Richard, Alfred’s son, survived him, he would receive an indefeasibly vested interest in the trust, but if Richard died before Alfred, the trust would go to a bank and Carolyn Uchtorff, with provisions for Richard and Carolyn’s children, subject to conditions. Richard died in 1988, disinheriting his children, leaving everything to his second wife, Christa. Pearl enjoyed the trust income until her death in 2003 without remarrying or renouncing her interest. Following her death, the bank, as co-trustee, petitioned the court for construction of the will.
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.
Topic Resources
Topic Videos 
17m 32s
11m 55sTopic Outline 
Topic Refresher Courses 