Logourl black
From our private database of 14,100+ case briefs...

Wells v. Sanford

Arkansas Supreme Court
663 S.W.2d 174 (1984)


Facts

Hiram Wells executed a will, which left his assets in trust for his mother, Nora Wells, during her lifetime. The trust nominated Elvan Sanford as trustee, and required the trustee to use the trust assets “as may be necessary” for Nora’s “support and maintenance.” After Nora’s death, any remaining trust assets were to be given to Elvan and Koleta Sanford. Elvan was appointed as Nora’s guardian after she was declared incompetent. Hiram died before Nora. Elvan (plaintiff) petitioned the probate court for permission to sell Nora’s own real estate assets and use the proceeds for Nora’s support. Nora’s children, J.C. Wells and Irene Bain (defendants), objected, and petitioned the probate court to sell the trust assets and use those proceeds for Nora’s support. The probate court found that Hiram intended the trust to be used to support Nora only if her own property was not sufficient to maintain her support, so that Hiram’s siblings would inherit less, and ordered Nora’s assets to be sold. Nora’s children appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Hollingsworth, 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, please start your free trial or log in.

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 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.