SPECIFIC PERFORMANCE - CONTRACT TO MAKE A WILL - RIGHT TO SPECIFIC RELIEF FOR BREACH WHERE PROMISEE PREDECEASES PROMISOR

Authors

Elbridge D. Phelps, University of Michigan Law SchoolFollow

Abstract

In September, 1930, Cornelius Powell died testate, leaving certain personalty absolutely to his wife, Elizabeth Powell, and devising certain realty to her for life, with a remainder over to his son, Clifford S. Powell. Subsequently, Elizabeth and Clifford entered into a written agreement whereby, in consideration that Clifford would convey all his interest in said realty to her, Elizabeth agreed to execute a will giving to Clifford "at her death all of the property then owned by her, whether real, personal, or mixed." Pursuant to this agreement, the requisite instruments were duly executed. On October 31, 1932, Clifford S. Powell died, leaving surviving his wife and two minor children. The widow, personally and as guardian of the minor children, is plaintiff herein. On September 4, 1934, Elizabeth Powell deeded the realty in controversy to her niece, Corrine E. McBlain, and also executed a will wholly disposing of the residue of her property to persons other than Clifford S. Powell. She has since died. This action followed for the specific performance of the original contract, a cancellation of the McBlain deed, the vesting in and conveyance to plaintiff of testatrix' property in conformity with the contract, and for general equitable relief. From a decree in conformity with the prayer of plaintiff's bill, Corrine E. McBlain appeals. Held, that the contract operated only as to property "owned by testatrix at her death" and hence was enforceable only to that extent. Decree modified accordingly. Powell v. McBlain, (Iowa 1936) 269 N. W. 883.

Recommended Citation

Elbridge D. Phelps, SPECIFIC PERFORMANCE - CONTRACT TO MAKE A WILL - RIGHT TO SPECIFIC RELIEF FOR BREACH WHERE PROMISEE PREDECEASES PROMISOR, 35 Mich. L. Rev. 1022 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss6/22