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Contracts Keyed to Calamari
Estate of Lovekamp
Facts
The Appellant, Louise Serrato (the "Appellant") and the decedent were married, but at the time of decedent's death had been divorced for eighteen years. The Appellant initially alleged that when her and the decedent were divorced, they entered into an oral agreement in which the decedent agreed to give the Appellant $60,000. However, the Appellant eventually said the agreement was not made upon the parties' divorce in 1975, but in July, 1981. The Appellant alleged the agreement was "to prevent the forced sale and partition of the ranch and cattle jointly held by the parties." However, in July of 1981, the parties did not owe any property jointly. Instead, several months after the parties divorce, they began living with one another again, and the decedent wrote a check to the Appellant for $60,000 dated July 29, 1981. The decedent said the check was for "coming back and staying with him after they divorced." The decedent died in September, 1999 and the check was too old to cash so the Appellant initiated this action.
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