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Full-Text Articles in Estates and Trusts
Specific Performance-Oral Promise To Devise In Consideration Of Personal Services, C. J. Rice
Specific Performance-Oral Promise To Devise In Consideration Of Personal Services, C. J. Rice
Michigan Law Review
Decedent orally agreed that if plaintiff would render services as housekeeper, practical muse and general business associate, he would devise and bequeath one-half of his estate to her. Decedent died without having made a will, and plaintiff sought specific performance of the agreement. Held, performance of these services did not take the oral contract out of the operation of the statute of frauds because the services were capable of measurement in money, and recovery on a quantum meriut basis was adequate. Snyder v. Warde, 151 Ohio St. 426, 86 N.E. (2d) 489 (1949).
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Michigan Law Review
The complaint alleged that testatrix who had executed a will leaving her whole estate to defendants attempted to make a new will containing legacies to plaintiffs, but that by means of misrepresentations, undue influence, force, and murder, testatrix was prevented by defendants from signing the new will. On appeal from dismissal of the complaint for insufficiency, held, reversed. If the allegations of the complaint be taken as true, plaintiffs are entitled to a judicial declaration that defendants hold the property under a constructive trust for plaintiffs. Latham v. Father Divine, 299 N.Y. 22, 85 N.E. (2d) 168 (1949).