Owens v. Church

OPINION

CONNER, Judge.

Plaintiffs-appellees, Lillie Owens and Neal Vaughn, sued their aunt, defendant-*179appellant, Almira Church,1 age 91, for specific performance of a contract under which it was alleged she agreed to will them all her property in exchange for their agreement to care for her for the balance of her life.

Ms. Church denied the existence of the agreement and asserted that, in any event, specific performance was not warranted. After a bench trial, the chancellor determined that a contract did exist. However, the trial court at first refused to grant specific performance on the theory…