Clarkson v. First National Bank
Nebraska Supreme Court
226 N.W.2d 334 (1975)
- Written by Sean Carroll, JD
Facts
Joseph Clarkson and Evelyn Clarkson were married. Both had children from a prior marriage. Joseph’s will established a trust for Evelyn containing one-fourth of Joseph’s estate. At the time Joseph executed this will, Evelyn was mentally incompetent, and she remained that way until and beyond Joseph’s death with no chance to improve. Under Nebraska’s elective-share law as well, Evelyn would have been entitled to one-fourth of Joseph’s estate. The difference, however, was that the fee title that would have come from the elective share was more valuable than the beneficiary interest in the trust. The county court decided on Evelyn’s behalf to accept the provisions of the will. The district court vacated the order. The executor of Joseph’s will appealed.
Rule of Law
Issue
Holding and Reasoning (Spencer, J.)
What to do next…
Here's why 812,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
