Dememtas v Estate of Tallas

Dememtas v Estate of Tallas - some work for the deceased,...

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Page: 116 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Dementas v Estate of Tallas Utah Ct.App.(1988) Orme The court found that the deceased made a written statement that he owed the claimant, a friend, money for helping him with his errands and that he would make him an heir in his will. The deceased died without changing his will to include the claimant as an heir. The claimant contended that he was entitled to such amount from the estate. The court affirmed the judgment for the estate. As to the issue of consideration, the court determined that it was only necessary to find that the claimant performed
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Unformatted text preview: some work for the deceased, not that the amount equaled the value of the services. The court concluded, however, that the past services rendered gratuitously were inadequate consideration for the promise to include the claimant in the deceased's will. Consideration or a legally sufficient substitute for consideration (reliance) must be established as part of P.s prima facie case. Moral obligation or an implied contract does not exist if there is only evidence of a gratuitous promise....
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Dememtas v Estate of Tallas - some work for the deceased,...

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