Estate Of Lovekam

24 P.3d 894 (2001)

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Nature of the Case

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Facts

Louise (P) and the decedent were previously married but had been divorced for eighteen years. P alleged that at the time of the divorce she and decedent entered into an oral agreement that he would pay her $60,000.00. The agreement was 'to prevent the forced sale and partition of the ranch and cattle jointly held by the parties.' In P's deposition and answers to interrogatories, P clarified that the agreement was not entered into at the time of the divorce in 1975, but rather in July 1981. They did not own any property jointly at that time. Several months after the divorce P and decedent began residing together again. One evening decedent had been feeling ill and, according to P, talked about selling his house and 80-acre ranch. He said he was going to ask $120,000.00 for it. He then gave P a check for $60,000.00 and told her it was for coming back and staying with him after they divorced. He told her that she could cash the check if he sold the property or if something happened to him. The check was dated July 29, 1981. When decedent died in September 1999, the check, of course, was too old to cash. Thus this claim was asserted against the estate. Everybody filed motions for summary judgment. Summary judgment was granted to the estate. P appealed. The trial court held that there was no valid contract because there was a lack of consideration; the basis of P’s coming back had already been performed when the decedent offered the check to her, and thus it was past consideration and not valid to form a contract.