Adolfo Mozzetti who owned a construction company orally promised his
Adolfo Mozzetti, who owned a construction company, orally promised his son, Remo, that if Remo would manage the family business for their mutual benefit and would take care of him for the rest of his life, he would leave the family home to Remo. Section 2714 of the Delaware Code requires contracts for the transfer of land to be in writing. Section 2715 of the Delaware Code requires testamentary transfers of real property to be in writing. Remo performed as requested: He managed the family business and took care of his father until the father died. When the father died, his will devised the family home to his daughter, Lucia M. Shepard. Remo brought an action to enforce his father’s oral promise that the home belonged to him. The daughter argued that the will should be upheld. Who wins? Did the daughter act ethically in trying to defeat the father’s promise to leave the property to the son? Did the son act ethically in trying to defeat his father’s will? Shepard v. Mozzetti, 545 A. 2d 621, 1988 Del. Lexis 217 (Supreme Court of Delaware)
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