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eBook details

• Title: Lucia M. Shepherd v. Remo Mazzetti
• Author : Supreme Court of Delaware
• Release Date : January 07, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

These are consolidated appeals from a decision of the Court of Chancery granting specific performance post-mortem of an oral
promise of Adolfo Mazzetti ("father") to convey real estate to Remo Mazzetti ("son") for consideration, notwithstanding a
contrary Disposition by the father's Will. Defendant-below, Lucia M. Shepherd ("daughter"), individually and as Executrix
of her father's Estate, appeals from the Chancellor's ruling requiring daughter to administer her father's Will as though
decedent had devised the family home to his son (plaintiff-below) rather than to her, as his Will provided. The son cross-appeals
from the Court's grant of his sister's claim for recovery of her attorney fees from the Estate. The appeal and cross-appeal are taken from various rulings of the Trial Court upon son's consolidated suits for specific
performance and the daughter's counter-claims, charging her brother with breaches of fiduciary duty to their father and to
the family corporation, a construction company, through mismanagement and waste of corporate assets. In a series of pre-trial
rulings, the Chancellor granted the son's motion to dismiss the daughter's counter-claims and denied the daughter's motion
for summary judgment based upon the statute of frauds relating to testamentary Dispositions. 6 Del.C. § 2715. The
Court read into section 2715 the part-performance judicial exception which our court of equity has, upon a showing of clear
and convincing evidence, traditionally read into 6 Del.C. § 2714(a), 1 the statute of frauds controlling contracts
generally. Following trial, the Chancellor granted the son's petition for specific performance, finding the son to have established
by clear and convincing evidence the existence of an oral contract with his father and part performance by the son. However,
the Court granted daughter's petition that the Estate be assessed with her reasonable attorney fees and costs incurred in
the defense of the Will, found to include her counter-claims.

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