Alexander v. Lewes

Citations

• 104 Wash. 32
• 175 P. 572
• 1918 Wash. LEXIS 1148

Syllabus

<p>Specific Performance (25) — Contracts Enforcible— Contract to Devise. Contracts to devise real estate in consideration of an agreement for life support are personal and will not be specifically enforced beyond the lifetime of the person to whom the promise was made, such person having died before the testator.</p> <p>Wills (8) — Contract to Devise — Validity. To agree to make a will is within the realm of contract right and the fairness of the agreement must be determined by resort to the relations of the parties and the attending circumstances, and past favors may be adopted as part of the consideration.</p> <p>Same (8-1) — Contracts to Devise — Requisites—Consideration— Evidence — Sufficiency. Specific performance will be decreed of an agreement to devise to a son-in-law property worth $12,000 in consideration of life support for the testator, who was 83 years of age, together with an assignment of the son-in-law’s life insurance, where it was supported by evidence of previous benefits received which were acknowledged in the will, and was coupled with the execution of the will and delivery of a contract for support, without undue influence.</p> <p>Specific Performance (25) — Contracts to Devise. Inadequacy of consideration is not a sufficient objection to specific performance of a contract to devise lands to a son-in-law for life support, since the testator may, in the absence of fraud, fix upon any lawful consideration sounding in personal service.</p> <p>Evidence (157) — Parol Evidence — Consideration. It is competent to prove by parol that a will was executed in consideration of a written agreement for life support, although the papers did not refer one to the other.</p> <p>Wills (8-1) — Contracts to Devise — Substantial Performance. It cannot be objected that there was no substantial performance of an agreement for • life support in consideration of a contract to devise lands, from the fact that, four days after making the will, the testator voluntarily lef