Clements v. Weaver

Bernes, Judge.

This case arises out of a dispute over whether the decedent, Vivian Weaver Waits, entered into an oral contract to make a will leaving her son, Edward Gerald Weaver, the family farm. Following the decedent’s death in 2004, Jolene Clements, the executrix of the decedent’s estate, sued Weaver in order to obtain a declaration that there was no valid contract between the decedent and Weaver that took precedence over the terms of the will. Weaver counterclaimed and prayed for specific performance of the contract. Following a jury verdict in Weaver’s favor, the trial court entered a…