Hagen v. Messer

Worswick, A.C.J.

After Cleopas Messer died in 1978, his three daughters sued his widow, Theresa, on a contract Cleopas had made to make a will in their favor. Theresa's lawyers immediately mounted a vigorous discovery effort, asking the daughters what property they were after. Everything, they essentially replied. Because "everything" included real estate Cleopas had conveyed to Theresa some 18 years earlier, Theresa's lawyers moved for summary judgment claiming the suit was barred by the statute of limitations. The trial court granted the motion. We reverse.

When Cleopas and the daughters'…