Tuckwiler v. Tuckwiler

Tuckwiler v. Tuckwiler - quit her job and helped as much as...

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Tuckwiler v. Tuckwiler Sup Ct of Missouri (1967) Comm. Welborn FACTS: Mr. and Mrs. Tuckwiler leased and lived on a farm half owned by Mr. Tuckwiler’s aunt, Mrs. Morrison. At 70 years of age Mrs. Morrison contracted Parkinson’s disease and moved to the home on the farm where she asked Mrs. Tuckwiler to quit her job and take care of her for the rest of her life. Mrs. Tuckwiler wrote up an informal contract that stated that Mrs. Morrison would will her part of the property to Mrs. Tuckwiler if Mrs. Tuckwiler would take care of her for the rest of her life. They both signed the paper. Three days later Mrs. Morrison had an appointment to change her will, but fainted and went to the hospital where she spent the last month of her life. During this month she was attended by nurses. Mrs. Tuckwiler had
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Unformatted text preview: quit her job and helped as much as she could. Mrs Morrrison’s will was never changed. After her death her executor attempted to execute her will which provided for the sale of the farm and proceeds to go to Davidson College. Mrs. Tuckwiler brought a bill for specific performance of the contract she had signed with Mrs. Morrison. The trial ct found for Mrs. Tuckwiler, and D’s appealed. ISSUE: Whether a contract to provide personal care in return for inheritance is fair and equitable and supported by adequate consideration to permit specific performance. RULE: Once the essential fairness of the contract and the adequacy of the consideration are found, the fact that the subject of the contract is real estate answers any question of adequacy of the legal remedy of monetary damages....
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