Mueller v. Mueller and Joseph F. Mueller Trust

¶ 1. This case derives from a separation agreement made thirty-seven years ago between a now-deceased husband and plaintiff, his first wife. Plaintiff contends that her ex-husband promised to devise to her certain assets upon his death, and she brings various claims for equitable relief against defendant, her ex-husband’s second wife, who survived him. The superior court concluded that plaintiffs claims were barred by the statute of limitations. On appeal, plaintiff argues that this conclusion was erroneous because, under the governing Massachusetts law, claims based on a contract to make a…