Logourl black
From our private database of 13,800+ case briefs...

Simon v. Grayson

Supreme Court of California
102 P.2d 1081 (1940)


Facts

In a will dated March 25, 1932, the testator left $4,000 to the executors of his will with instructions to distribute the $4,000 according to directions provided in a letter addressed to them and dated March 25, 1932. The testator then executed a codicil to his will on November 25, 1933. The codicil did not change the provision in his will distributing $4,000 to his executors to be paid as directed in a letter dated March 25, 1932, and reaffirmed his will to the extent it was not changed by the codicil. After testator’s death, no letter dated March 25, 1932 was found among his belongings, but a letter dated July 3, 1933 and addressed to testator’s executors was found in his safe deposit box. The July 3, 1933 letter stated, “In my will I have left you $4,000 to be paid to a person named in a letter. I direct you to pay the $4,000 to Esther Cohn.” The case was ultimately appealed to the Supreme Court of California.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Waste, C. J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.