CONFLICT OF LAWS--EFFECT OF FORUM'S STATUTE OF FRAUDS ON FOREIGN ORAL CONTRACT TO BEQUEATH PROPERTY

Authors

David D. Dowd, Jr. S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff brought an action in New York for specific performance of an oral agreement allegedly made by testator in Florida not to change his will without plaintiff's consent. Defendant's motions for dismissal of the complaint and summary judgment were dismissed. The appellate division on reargument entered orders reversing the lower court. On plaintiff's appeal to the court of appeals, held, affirmed. The New York Personal Property Law, which states that oral contracts to bequeath property are void, is controlling, regardless of whether this section of the statute of frauds is procedural or substantive. If the section is procedural, the law of the forum would apply making the oral contract unenforceable; if substantive, the contract is void because the statute is an expression of the public policy of the forum, permitting the forum to disregard ordinary conflict of laws rules. Rubin v. Irving Trust Co., 305 N.Y. 288, I 13 N. E. (2d) 424 (1953).

Recommended Citation

David D. Dowd, Jr. S.Ed., CONFLICT OF LAWS--EFFECT OF FORUM'S STATUTE OF FRAUDS ON FOREIGN ORAL CONTRACT TO BEQUEATH PROPERTY, 52 Mich. L. Rev. 902 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss6/9