Unthank v. Rippstein

386 S.W.2d 134 (1964)

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Nature of the Case

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Facts

Three days before his death, Testator wrote a letter to Rippstein (D), in which he promised to pay her $200 a month for five years, 'provided he lived that long.' The words 'provided I live that long' were crossed out, and Testator wrote an annotation in the margin of the letter stating that, if he died, he intended to bind his estate to making the $200 payments to D. At the time, he wrote the letter, Testator was not contemplating his own death. After his death, D attempted to probate the letter as a holographic codicil to testator's will, but the application was refused. D then sued the executors of Testator's estate (P) to compel payment of the sum stated in the letter. The action was dismissed on P's motion for summary judgment. On appeal, the court reversed, holding that the letter established a voluntary trust to the extent of the promised payments and that Testator's heirs had title to the money for D's benefit. P appealed, arguing that the letter was a declaration of trust, whereby Testator bound his entire estate to the obligation to her.