CONGREGATION KADIMAH TORAS-MOSHE V. DELEO
540 N.E.2d 691 (1989)
NATURE OF THE CASE: Congregation (P), promisee of DeLeo's (D) oral promise for a charitable contribution, appealed a summary judgment dismissing P's action to compel administrator of decedent's estate to fulfill D's promise.
FACTS: DeLeo (D) suffered a long illness. D made an oral promise in the presence of witnesses to give the Congregation (P) $25,000. That promise was never put in writing. P wanted to use the money to create a library. D died intestate. He had no children, but was survived by his wife. The estate refused to honor the promise. P sued contending that the promise was enforceable because it was supported by consideration or by reliance. The trial courts rendered summary judgment for D. It was an oral gratuitous pledge, with no indication as to how the money should be used, or what D was required to do if anything in return for this promise. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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