Garcia v. Lopez

JORGENSON, Judge.

The plaintiff, Ruben Garcia, appeals from a final judgment rendered in favor of the defendants, Elena and Elizabeth Lopez, in a lawsuit involving an agreement to make a will. For the reasons which follow, we reverse.

Garcia and his wife, Maria, were divorced in 1956. In 1964, they agreed that Garcia would transfer his interest in their house to Maria, and, in return, Maria promised to leave the house to Garcia in her will. Garcia’s attorney, Merwin Taylor, drafted and notarized the agreement for them. The agreement was executed at Merwin’s office with both Merwin and Elsa…