Pace v. Burke

OPINION

JOHNSON, Judge.

Robert L. Pace, Dorothy Pace Morton, Lena Pace Morris, Fagan Pace, Sr., and Betty Pace Turner (appellants) have appealed from an order of the Christian Circuit Court entered on January 30, 2003, which granted Rosemary M. Pace’s1 motion for summary judgment. Having concluded that the trial court erred as a matter of law by determining that the agreement in question was not binding due to a lack of mutuality of obligation, we reverse and remand for further proceedings.

*64R.E. Pace, Sr. and Rosemary were married in 1954. Both R.E. and Rosemary had children from previous…