CLARENCE D. WILSON
v.
GEORGE R. WILSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF MARY WILSON MESSIMER, DECEASED, ET AL.
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The Florida Supreme Court affirmed the dismissal of a bill of complaint seeking specific performance of an alleged oral contract to devise real estate. The court found the allegations insufficient to justify the relief sought.
No, the allegations were legally insufficient to justify a decree for specific performance of the alleged oral contract.
“Considered as an entirety, the allegations of the bill of complaint are legally insufficient to justify a decree for the relief prayed.”
This quote establishes the court's conclusion regarding the inadequacy of the plaintiff's claims.
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Join FLexlaw to unlock all legal intelligenceA nephew sued the estate of his deceased aunt, alleging an oral contract where she promised to devise real estate to him in exchange for personal atte…
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This suit was brought against the administrator and the heirs of an elderly lady decedent, to’ require conveyances in the nature of a specific performance of an alleged oral contract of the decedent with her nephew, the plaintiff, to devise real estate to him including the home Of the decedent; the alleged consideration for the oral contract being personal attentions and business services and assistance rendered by the plaintiff nephew to the decedent at her request during the last months of her life.
The Chancellor dismissed the bill of complaint on motion, and plaintiff appealed.
It is not alleged that the decedent intentionally put the plaintiff into actual possession or control of any portion of the land in pursuance of the alleged oral agreement to devise it or any part of it to the plaintiff in consideration of the aforesaid personal attentions and business services and assistance, even if that would make a case for the relief prayed.
Considered as an entirety, the allegations of the bill of complaint are legally insufficient to justify a decree for the relief prayed.
Affirmed.
Ellis, C. J.,- and Whitfield, Terrell, Brown, Buford and Chapman, J. J., concur.
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Citator
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Battle v. Butler, 138 Fla. 392 (Fla. 1939)…2 N. W. 252, 17 A. S. R. 125, 4 L. R. A. 55; Dicken v. McKinley, 163 Ill. 318, 54 A. S. R. 471; Snyder v. French, 272 Ill. 43, 111 N. E. 489. An endless number of other authorities could be cited. The rule stated in Wilson v. Wilson, Administrator, 132 Fla. 518, 181 Sou. 385, that, “In suit for the specific performance of an alleged oral contract to devise realty in consideration of personal services rendered deceased, bill was properly dismissed in absence of allegations that deceased intentionally put pl…
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McDowell v. Halsted L. Ritter, 153 Fla. 50 (Fla. 1943)…McDowell; there was no agreement in writing to convey and that by the statute of frauds the agreement was void and cannot now be enforced. Butler v. Battle, 138 Fla. 392, 189 So. 846; Miller v. Carr, 137 Fla. 114, 188 So. 103; and Wilson v. Wilson, 132 Fla. 518, 181 So. 385; are relied on to support this contention. The law is settled that the statute of frauds applies only to executory contracts and has no application to agreements fully performed on both sides. Contracts, or agreements to devise propert…
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Gable v. Miller, 104 So. 2d 358 (Fla. 1958)…terms of the contract to be sufficient, we would nevertheless have been required to reverse the cause for lack of proof of the element of possession by plaintiff. See Williams v. Bailey, 1915, 69 Fla. 225, 67 So. 877, supra; Wilson v. Wilson, 1938, 132 Fla. 518, 181 So. 385; Green v. Price, Fla.1953, 63 So. 2d 337; 49 Am.Jur., Statute of Frauds, Sec. 521, and 37 C.J.S. Frauds, Statute of § 252(a) (2). By specifically mentioning the element of possession we do not intend to hold that plaintiff proved the ot…
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