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Remedies Keyed to Tabb, 8th
Henderson v. Fisher
Citation:
236 Cal. App. 2d 468 (1965)Facts
For approximately seven years prior to 1959, plaintiffs Jarrell Henderson and others maintained a close friendship with Marion Baker and his wife, often helping them with household chores and referring to them as Grandma and Grandpa. After Mrs. Baker died on July 24, 1959, plaintiffs moved into the Baker home about a week later because Mr. Baker, who was 86 years old and blind, could not be left alone. On August 11, 1959, at Baker’s request and with the approval of his family members obtained at a family conference, Baker’s attorney drafted a written contract. The agreement provided that plaintiffs would move into Baker’s home, furnish all necessary food, perform laundry, maintain the house and grounds, and provide constant care for Baker as long as he lived. In exchange, Baker promised to execute a deed conveying his interest in the real property and furniture at 717 College Street in Healdsburg, California, to plaintiffs while reserving a life estate for himself. The contract also specified the division of utility expenses and other financial arrangements. At the time of contract execution, Baker was in good health despite his age and blindness. However, Baker died only 18 days after executing the agreement, during which time plaintiffs performed all services required under the contract but Baker never executed the promised deed.
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