Real properties were transferred from parent to two children (some of the properties passing by disclaimers) in order to avoid environmental claims, with an oral promise to retransfer to the parent upon his request. After the children failed to retransfer … Continue reading
Tag Archives: Statute of Frauds
Lease agreement with option to purchase, that did not specify a purchase price but instead stated that the purchase price would be based on an appraisal to be obtained, did not violate the statute of frauds and the lessee-purchaser was … Continue reading
One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading
Court denied specific performance for real property, because the written contract was not with decedent or decedent’s agent, and oral contract with equitable consideration for possession and improvement to property does not amount to specific performance in this case, because … Continue reading
In objection to account, Court found that auctioneer did not present clear and convincing evidence of a contract, because writing violated statute of frauds. Zimmerman, Estate of A. Jeanette, 2 Fid. Rep. 3d 314 (O.C. Clinton 2012) (Opinion by Cherry, … Continue reading