Tuckwiller v. Tuckwiller

413 S.W.2d 274 (Mo. 1967)

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Nature of the Case

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Facts

Ruby Tuckwiller (P) rented a portion of a Hudson family farm, mostly owned by her husband's aunt, Metta Morrison. Metta Morrison got Parkinson's disease when she was 70. Morrison asked P to quit her job and care for her for the rest of her life. In April 1963, P began to use her accrued vacation time and remained at home, but she was unwilling at that time to forego her employment and undertake Mrs. Morrison's care. On April 11, 1963, Mrs. Morrison had been quite dizzy, had staggered and fallen. When she fell again the following day, an ambulance was called, and she was taken to the hospital at Marshall. There she was diagnosed as having suffered a cardiovascular accident (stroke) with a secondary diagnosis of Parkinsonism. She was discharged from the hospital on April 20. Her physician found Mrs. Morrison mentally clear. A lifelong friend whom Mrs. Morrison visited on the morning of May 3 stated that mentally 'she was just as clear as a bell.' As she left the friend's house, Mrs. Morrison remarked, 'I'm not done for.' Mrs. Morrison had talked further to P about providing care for her. P was reluctant to give up her job at which she worked regular hours for what she felt might involve several years of exacting care. However, on May 3, in the late afternoon and the presence of her husband, an agreement was reached which P put in writing. P agreed to take care of her for her lifetime; by providing her 3 meals per day -- a good bed -- do any possible act of nursing and provide her every pleasure possible. In exchange, Mrs. Morrison was to give her the Corum farm at her death keeping all money made from it during her life. Mrs. Morrison was to maintain the expense of her medicine. Mrs. Morrison signed the paper. P resigned from work that Monday the 6^th and Morrison made an appointment with a lawyer to change her will. The same day Morrison fainted, fell, and was taken to the hospital. While on the way to the hospital, Morrison had the date put on the agreement and obtained the signatures of two ambulance attendants as witnesses. Morrison spent most of her time at the hospital, but P was by her side until she died on June 14^th. Morrison died without ever having changed her will. The original will provided for a sale of the farm with the proceeds to go to a student loan fund at Davidson College. P brought a bill for specific performance of the contract. Marion Tuckwiller (D), the executor of Morrison's estate, and the College (D) opposed the bill. Specific performance was granted, and D appealed.