Margaret Weidman Jones Rookstool v. Joseph Book Reviews

Margaret Weidman Jones Rookstool v. Joseph by Supreme Court of Missouri Division 2 Book Summary

Plaintiff, as the former spouse of decedent, Fred Weidman, sought specific performance of an alleged oral contract, made just prior to their 1952 divorce, that each of them would keep their existing mutual and reciprocal last wills and testaments in force and not revoke them. Decedent and the plaintiff did not personally revoke their wills, but § 474.420 (all statutory references are to RSMo 1959, V.A.M.S.) below set forth, in terms revokes provisions in a will executed prior to the divorce for a divorced spouse. From an adverse judgment of the trial court, plaintiff appeals. The issues concern whether plaintiff has shown sufficient part performance upon her part to remove her alleged parol agreement from the operation of the statute of frauds, § 432.010, and the application of said revocation statute to the facts of this case. The estate of decedent consists of real estate inventoried and appraised at $53,500, and some personal property carried by the public administrator on his January 8, 1962, settlement at $3,110.50. We have jurisdiction of this appeal by reason of title to real estate being involved between the plaintiff, as promisee under said alleged oral contract, and the defendant, Marian Frances Long, as sole heir of decedent. Mo. Const. Art. V, § 3, V.A.M.S.

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Margaret Weidman Jones Rookstool v. Joseph (Supreme Court of Missouri Division 2) Book Reviews 2024

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