Allen v. Allen

133 A.2d 116 (1957)

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Nature of the Case

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Facts

An agreement was made on property that recited the consideration of one dollar and a promise to agree that if a certain piece of property were sold the proceeds from that sale would be divided evenly between four brothers and a sister. The original property was owned by one of the brothers and the sister and the three other brothers were after born when the property was originally conveyed by deed from an aunt. The first brother and sister held the property as tenants in common subject to the condition that their mother and father could live on the property for life. The agreement to share the property among all the children was made in 1938 at the request of their mother. The mother died in 1951, and the parties disputed the agreement in 1938. The trial court found the agreement was a simple contract despite the fact that the contract recited that the parties had sealed the agreement. The contract also recited that consideration of one dollar was paid. Judgment was entered for the first brother and sister because the consideration of one dollar was grossly inadequate. The three brothers appealed.