Borelli v. Brusseau

Hildegard Borelli (plaintiff) and Michael Borelli were married nine years. After a stroke left Michael needing full-time care, he agreed to leave Hildegard certain real and personal property upon his death in exchange for her caring for him at home rather than in a nursing home. Hildegard cared for him until his death, but Michael left most of the promised property to his daughter, Grace Brusseau (defendant), the estate's executor. Hildegard petitioned to enforce the agreement. Brusseau moved to dismiss for lack of consideration and as void against public policy; the trial court dismissed, and Hildegard appealed.

Whether an agreement to provide nursing care to an ill spouse in exchange for compensation is void, given spouses' mutual marital obligations of care.