Nature of the Case
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Facts
Fitzpartrick (P) was a nurse employed by Michael (D) to take care of his ailing wife. D's wife died in 1937 at which time D asked P to remain and take care of him for the rest of his life and in return P would be paid $8 per week, room, board, and given a life estate in his house and use of its furnishing and full title to his cars. D was 76 at the time of this contract. D, in the summer of 1937, executed a will in which he left P his home and its furnishings for life, and his automobiles absolutely. Then on or about December 21st, 1938, he executed a second will with her consent, in which he changed the term of her tenancy from life to fifteen years. Finally, he executed in March 1939, a third will, in which, while making changes as to other bequests and devises, he left the provisions affecting her unchanged. About 18 months after the contract was entered into, D moved from the house and tried to force P to leave by cutting off all utilities and had her arrested for trespass. P sued D for specific performance. D demurred, and the court dismissed the action. P appealed.
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