DAVIS V. JACOBY
34 P.2d 1026 (1934)
NATURE OF THE CASE: This was an appeal from the refusal to grant specific performance of
an alleged contract to make a will.
FACTS: Davis (P) was the niece of Blanche Whitehead. There was a very close relationship
between P and Blanche and her husband Rupert Whitehead. The financial condition and health
of the Whiteheads encountered serious problems and Rupert asked P to come to California to
care for Blanche and help Rupert salvage his business affairs. Rupert committed suicide one
week after P agreed to help them with their affairs. Part of that promise was the issue of
the wills of the Whiteheads and the potential inheritance that P would gain by assisting
them. P did move after the suicide and took care of Blanche until her death about one month
later. Upon the death of Blanche, it was discovered that two nephews would get the entire
estate. P sued under the theory that Rupert had a created a contractual obligation to a make
a will do that P could inherit everything and were therefore entitled to quasi-specific
performance. At trial, it was shown that P's husband forfeited a substantial amount of
monies in moving to California to take care of the Whiteheads. The court decided that the
offer of April 12 was never accepted because that offer could only be accepted by
performance and not by a promise to perform. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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