Holt v. Holt

EXUM, Justice.

Plaintiffs complaint alleges that defendants, his brothers, breached a family settlement agreement. Defendants moved for and were granted summary judgment. The Court of Appeals reversed and remanded. We consider first whether plaintiffs relinquishment of his right to caveat a codicil to his mother’s will in which codicil he was left nothing may, in the absence of a bona fide dispute as to the codicil’s validity, constitute consideration for defendants’ promise to distribute a portion of their property given under the codicil to plaintiff. We hold that it may not. Accordingly,…