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Tuckwiller v. Tuckwiller

Supreme Court of Missouri

413 S.W.2d 274 (1967)

Relevant factsFree

Ill and elderly but mentally sound, Mrs. Morrison contracted with Ruby (plaintiff) to leave her farm in exchange for lifetime care, and Ruby resigned her job in reliance, but Mrs. Morrison was hospitalized within days and died about six weeks later, having never updated her will, whose executor Marion (defendant) and beneficiary Davidson College (defendant) resisted Ruby's specific-performance claim.

IssueFree

Whether specific performance may be granted in a matter involving real estate where the value of consideration appears inadequate when viewed retrospectively but the agreement is fair when viewed prospectively from the time of contracting.

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