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Contracts Keyed to Burton
Davis v. Jacoby
Citation:
1 Cal. 2d 370, 34 P.2d 1026 (1934)ProfessorMelissa A. Hale
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Facts
The plaintiff was the niece of Blanche Whitehead, the wife of Rupert Whitehead. The plaintiff lived for a considerable amount of time at the home of the Whiteheads prior to her own marriage, and the Whiteheads, having no children of their own, were very fond of the plaintiff. Even after she moved out and got married, the evidence shows that she maintained a loving and close relationship with the Whiteheads. By 1930, Blanche became very ill and was removed to a private hospital, and her husband was struggling financially. Rupert asked the plaintiff and her husband to come to California to help him sort through his affairs, and offered for the plaintiff to inherit everything if they did so. The plaintiff’s husband sent back a letter allegedly accepting the offer and stating the couple’s intent to come to California to help. Before the plaintiff could leave, Rupert died by suicide. The plaintiff and her husband immediately traveled to California, where they committed themselves to the care and comfort of Blanche until her death. There is no dispute that the plaintiff fully performed her side of the agreement. After Rupert’s death it was discovered that he willed everything to his wife, and she in turn to her nephews—excluding the plaintiff altogether.
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