UNTHANK v. RIPPSTEIN 386 S.W.2d 134 (1964) CASE BRIEF

UNTHANK V. RIPPSTEIN

386 S.W.2d 134 (1964)

NATURE OF THE CASE: This was a petition for the payment of funds from an estate. Appealed. Unthank (P) state executors challenged a decision which reversed the trial court's grant of summary judgment in favor of P, in Rippstein's (D) claim seeking a declaratory judgment that P had to pay obligations of decedent under a written promise to pay obligations as they matured.

FACTS: Three days before his death, Testator wrote a letter to Rippstein (D), in which he promised to pay her $200 a month for five years, 'provided he lived that long'. The words 'provided I live that long' were crossed out, and Testator wrote an annotation in the margin of the letter stating that, if he died, he intended to bind his estate to making the $200 payments to D. At the time he wrote the letter, Testator was not contemplating his own death. After his death, D attempted to probate the letter as a holographic codicil to testator's will, but the application was refused. D then sued the executors of Testator's estate (P) to compel payment of the sum stated in the letter. The action was dismissed on P's motion for summary judgment. On appeal, the court reversed, holding that the letter established a voluntary trust to the extent of the promised payments, and that Testator's heirs had title to the money for D's benefit. P appealed, arguing that the letter was a declaration of trust, whereby Testator bound his entire estate to the obligation to her.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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