Kennedy v. Dabbiere

In 1941, a Virginia property called Hickory Hill was sold along with specific items designated as “personal property,” including a six-foot-tall decorative urn on the front lawn. Hickory Hill was later conveyed to John F. Kennedy and Jacqueline Kennedy for a time and then later to Ethel Kennedy, wife of Robert F. Kennedy, Sr. In December 2009, Ethel contracted to sell Hickory Hill and all its “fixtures” to Alan Dabbiere (defendant). After this contract was finalized but before Ethel vacated the property, she gifted the urn to her daughter Kerry Kennedy (plaintiff). The person hired to remove the urn did not complete the job before Dabbiere took possession of Hickory Hill. Dabbiere then asserted that the urn was a fixture of the property that had been conveyed with the sale. If so, Ethel could not have legally gifted it to Kerry. Kerry disagreed, arguing that the urn was personal property, not a fixture, and thus had not been included in the sale. Ultimately, Kerry and Dabbiere spoke by phone. Dabbiere claimed Kerry told him the urn had sentimental value to her because it had been a gift from her aunt Jacqueline Kennedy. Relying on this representation, Dabbiere agreed to give up his claim that the urn was a fixture that belonged to him. In exchange, Kerry would give up her claim to immediate possession and allow Dabbiere to keep the urn on the property for 10 years. Kerry would take possession of the urn in June 2020. The parties put this agreement in writing. However, in 2020, Dabbiere refused to give the urn to Kerry, claiming Kerry had misrepresented the urn’s history. Dabbiere had discovered that the urn had been on the property since at least 1941, before Jacqueline Kennedy could have gifted it. Kerry sued Dabbiere in federal court, seeking to enforce the 2010 agreement and moved for summary judgment. Dabbiere opposed the motion, arguing that the 2010 agreement was unenforceable because Kerry had not provided valid consideration to make it binding. According to Dabbiere, the only possible consideration Kerry had provided was her promise not to exercise a claim to possess the urn for 10 years. Dabbiere contended this promise had no value because the urn was a fixture and Kerry had no legal claim to it that she could exercise. The court considered the motion.