In Re Estate of Harford

A party to a settlement agreement seeking relief on the basis of mistake must establish the legal basis for that relief under the law of contracts. The mistake must be mutual, not unilateral, as was the case here.

Married in 1955, Edith and Delbert Harford each had children from prior marriages: Edith’s children are Fred, Joy, and Louise, and Delbert’s child was Opal. In 1972, Delbert executed a will which stated that Edith and Delbert had agreed to leave their property to each other, and then, upon the survivor’s death, in equal shares to all four children. Edith signed Delbert’s will…