John Oaks v. Linda Greer Ball

ON WRIT OF CERTIORARI

DICKINSON, PRESIDING JUSTICE,

FOR THE COURT:

¶ 1. A provision in a lease stated that upon the lessor’s death, the lessor’s rights—primarily the right to receive lease payments—transferred to the lessor’s daughter, who was not a party to the lease. The lessor died, and the question presented under the facts of this case is whether the provision of the lease or the provisions of the lessor’s will determine the owner of the lease payments. We granted certiorari because this Court previously has not addressed testamentary provisions in a contract. Because we agree with the…