When Mr. McClam died, he left the family farm, heavily mortgaged, to his wife and children. In… 1 answer below »

When Mr. McClam died, he left the family farm, heavily mortgaged, to his wife and children. In order to save the farm from foreclosure, Mrs. McClam planned to use insurance proceeds and her savings to pay off the debts. She was unwilling to do so, however, unless she had full ownership of the property. Mrs. McClam wrote her daughter, stating that the daughter should deed over her interest in the family farm to her mother. Mrs. McClam promised that upon her death all the children would inherit the farm from their mother equally. The letter further explained that if foreclosure occurred, each child would receive very little, but if they complied with their mother’s plan, each would eventually receive a valuable property interest upon her death. Finally, the letter stated that all the other children had agreed to this plan. The daughter also agreed. Years later, Mrs. McClam tried to convey the farm to her son Donald. The daughter challenged, arguing that the mother was contractually bound to convey the land equally to all children. Donald says this was an oral agreement to sell land, and is unenforceable. The daughter says the letter satisfies the statute of frauds, making the contract enforceable. Who gets the farm? Explain.

 

 

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