Del Marcelle v. Estate of Del Marcelle

The claim of Albert Del Marcelle against the estate was based upon the terms of an express oral agreement alleged to have been made between claimant and decedent while decedent was still in the hospital. Claimant alleged that he agreed to take the decedent and his wife into his home and there care for and maintain them, and that in return the decedent agreed to give to claimant a sum equal to one third of all of the property of which he should die seized. The claimant alleged a breach of the agreement and demanded one third of the net estate of the decedent. The claim also contained the…