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Tuckwiller v. Tuckwiller

Supreme Court of Missouri
413 S.W.2d 274 (1967)


After being diagnosed with a progressive disease and then suffering a possible stroke, Metta Hudson Morrison, whose mental capacity was not impacted by her ill health, entered a contract with Ruby Tuckwiller (plaintiff). Ruby agreed to leave her job and care for Mrs. Morrison for the remainder of Mrs. Morrison’s life, and Mrs. Morrison agreed to will her farm to Ruby in exchange. At the time, Mrs. Morrison was 73 years old. The agreement was executed in a signed writing on May 3. On May 6, Mrs. Morrison made an appointment with a lawyer to change her will to reflect the agreement and Ruby resigned her employment. That same day, Mrs. Morrison was taken to the hospital after fainting and remained there until she passed away on June 14. Mrs. Morrison’s will, which had not been changed to reflect her agreement with Ruby, appointed Marion Tuckwiller (defendant) as executor and provided for the sale of the farm and distribution of the proceeds to a student loan fund at Davidson College (defendant). Ruby sued for specific performance of the contract. The trial court ruled in favor of Ruby Tuckwiller. Marion Tuckwiller and Davidson College appealed.

Rule of Law


Holding and Reasoning (Welborn, J.)

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