LAWRENCE V. ASHBA, 59 N.E.2d 568 (1945) CASE BRIEF

LAWRENCE V. ASHBA
59 N.E.2d 568 (1945)
NATURE OF THE CASE: This was an action in specific performance and for an accounting, for the setting aside of a real estate conveyance and for a constructive trust.
FACTS: Mrs. Lawrence's first husband died in 1905 and in 1907 she married William T. Lawrence who never had any children. In 1937 the married couple held some property by the entireties which had been largely acquired through the thrift and financial resources of Mrs. Lawrence. On that day in 1937 the parties made mutual wills that gave their estates to each other and then to Mrs. Lawrence's three children. Eventually the properties were disposed of but new properties were acquired. Mrs. Lawrence died in 1942. Those properties were held in entireties. After her death, William emptied their safe deposit box. The will was probated on October 13, 1942. William then married again on September 20, 1942 and eight days later vested title in the real estate to his new wife, Iva. Williams openly stating that this was so Mrs. Lawrence's children would not get anything. There was no evidence of consideration for the conveyances to Iva.

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CUMMINGS V. SHERMAN, 132 P.2d 998 (1943) CASE BRIEF

CUMMINGS V. SHERMAN
132 P.2d 998 (1943)
NATURE OF THE CASE: This was a dispute over the enforcement of mutual wills.
FACTS: Homer and Phoebe executed mutual wills. Homer died later that year and his will was admitted to probate and it gave Phoebe full right of disposition. Phoebe changed her will before her death and that will was probated. The new will made no provisions for Homer's relatives who sought and were awarded half of Phoebe's estate based on the contract to make the mutual wills. Phoebe's relatives appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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