Tuckwiller v. Tuckwiller

413 S.W.2d 274 (1967)

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Tuckwiller v. Tuckwiller

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

CH
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Facts

After being diagnosed with a progressive disease and then suffering a possible stroke, Flora Metta 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, Ruby resigned from her job, and Mrs. Morrison made an appointment with a lawyer to change her will to reflect the agreement. However, later that day, Mrs. Morrison fainted again. She was taken to the hospital and remained hospitalized 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. Marion and Davidson College appealed.

Rule of Law

Issue

Holding and Reasoning (Welborn, J.)

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