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In re Estate of Wirth

New York Court of Appeals
5 N.Y.3d 875, 842 N.E.2d 480, 808 N.Y.S.2d 582 (2005)

Written by Jennifer Flinn, JD

Facts

Raymond Wirth pledged, in writing, to donate $150,000 to Drexel University. Wirth executed the pledge in Pennsylvania. Pennsylvania state law provided that a written promise that is signed by the promisor and contains a statement that the promisor intends to be bound by the pledge is not invalid due to a lack of consideration. Upon Wirth’s death, his estate argued that it should not have to make the donation to the university due to a failure of consideration.

Rule of Law

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Issue

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Holding and Reasoning (Memorandum opinion)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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