Madeline Castellon; was the sole shareholder of `44 Whole Pies, Inc.. which owns Johns Pizzeria in New

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Madeline Castellon; was the sole shareholder of `44 Whole Pies, Inc.. which owns Johns Pizzeria in New York City Her other ante included a 51 percent interest in a real estate partnership, a residence on Staten Island and various bank accounts. Nen Madefine's son, Peter Castellani, was going through a divorce, Madeline wanted to prevent Pettrithen-wife Rea from benefiting from any of Madeline's assets. With this impose in mind she removed Peter from her will, leaving her daughter Lisa Free as the sole beneficiary Lisa orator agreed to provide Peter with ha fof the income generated by the assets after their mother's death if his divorce was still pending and to transfer ha fofthe asset after the divorce was final In reliance on those promises, Peter agreed to pay the property taxes for the estate. Madeline died and Peter paid the taxes, but Lisa reneged on the deal Peter filed a suit in a New York state court against his sister to recover. rastellotti v. Free, 138 A.D.3d 198, 27 N.YS.3d 507 (1 Dept 2016)1 (See The Statute ofbiauds—Writing Requirement.)

(a) Should the court enforce the promise? On what legal theory?

(b) If the court enforces the promise, should Rea get a share of what Peter and his mother and sister were °hiding'? Discuss.

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