Olga Mestrovic, the widow of the successful artist Ivan Mestrovic, died. 1st Source Bank was the representative
Question:
Olga Mestrovic, the widow of the successful artist Ivan Mestrovic, died. 1st Source Bank was the representative of her estate. It entered into a contract for the sale of Olga’s home to the Wilkins. There was a lot of personal property in the home including a stove, dishwasher, and other items. The contract of sale provided that these items of personal property also were being sold to the Wilkins. When the Wilkins took possession of the realty, they found it in a cluttered condition which would require substantial cleaning. When they complained to the bank, it sent a bank officer to the scene. That person offered the Wilkins two options: Either the bank would pay to have the rubbish removed or the Wilkins could remove it and, “keep any items of personal property they wanted.” No one thought there were any works of art on the property. The Wilkins accepted the latter option and later found eight very valuable drawings by Ivan Mestrovic. Was there a mutual mistake? Was there a mistake about the subject matter of the transaction? (Wilkin v. 1st Source Bank, 548 N.E. 2d 170, Ind. Ct. App.)
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