In re Estate of Bunde
Michigan Court of Appeals
2002 WL 737781 (2002)
- Written by Tammy Boggs, JD
Facts
During Kurt Bunde’s lifetime, he allegedly made certain promises to Lois Smith (plaintiff) that induced her to move in with him and work in his bakery. According to Smith, Bunde orally promised that she would “never have to worry about having enough money to take care of” herself and that if he died before she did, then she could have his home “forever.” There was no writing to evidence the parties’ arrangement. Smith worked in Bunde’s bakery and lived with him until he died in 1999. Smith made a claim against Bunde’s estate (defendant) based on Bunde’s oral promises to her or, alternatively, under a theory of implied contract. Smith testified that she did not expect to be paid for her work in the bakery. The trial court granted summary judgment to Bunde’s estate, finding that the parties’ oral contract to make a will was unenforceable. Smith appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Holbrook Jr., J.)
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