Wills, Trusts, and Estates
Leila Spicer executed a holographic will, which gave her estate to her sister, Anne Wilson, “to be disposed of as already agreed between us,” and named Ms. Wilson as executor. Mrs. Spicer was survived by her husband, Meade Spicer. Ms. Wilson died before Mrs. Spicer’s estate was probated. The administrator of Mrs. Spicer’s estate (plaintiff) petitioned the court for guidance on how to distribute the estate between Ms. Wilson’s descendants and Mr. Spicer (defendants). The lower court held that Mrs. Spicer’s will did not create a trust, and that her entire estate passed to Ms. Wilson. Mr. Spicer appealed, arguing that Mrs. Wilson’s will created a trust, and that because the terms of that trust were unknown, Mrs. Spicer’s estate must be held in a resulting trust for her closest relative, Mr. Spicer.
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.
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.
The holding and reasoning section includes:
To access this section, start your 7-day free trial of Quimbee for Law Students.
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.
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.