Nature of the Case
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Facts
Borelli (P) and decedent entered into an antenuptial contract on April 24, 1980. They were married the next day. P remained married to decedent until January 25, 1989, when he died. During their marriage, decedent became concerned about his health and heart problems and discussed final dispositions of his property with P. He discussed these fears and concerns with P and told her that he intended to 'leave' the following property to her. 1. 'An interest' in a lot in Sacramento, California. 2. A life estate for the use of a condominium in Hawaii. 3. A 25 percent interest in Borelli Meat Co. 4. All cash remaining in all existing bank accounts at the time of his death. 5. The costs of educating decedent's stepdaughter, Monique Lee. 6. Decedent's entire interest in a residence in Kensington, California. 7. All furniture located in the residence. 8. Decedent's interest in a partnership. 9. Health insurance for appellant and Monique Lee. Decedent during his times of sickness wanted to be cared for in his home and as such promised to leave certain property to P if for the duration of his illness P would care for him in his home. P performed the promise, but the decedent did not honor his word as the will bequeathed P the sum of $100,000 and his interest in the residence that was owned as joint tenants. The bulk of the estate went to D, the decedent's daughter. P sued the estate to enforce the promise by specific performance. D demurred, and the trial court sustained the demurred and dismissed the case without leave to amend. P appealed.
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