CHAPTER 3

Critical Legal Thinking Case

3.1 Forbearance to Sue When John W. Frasier died, he left a will that devised certain of his community and separate property to his wife, Lena, and their three children. These devises were more valuable to Lena than just her interest in the community property that she would otherwise have received without the will. The devises to her, however, were conditioned on the filing of a waiver by Lena of her interest in the community property, and if she failed to file the waiver, she would then receive only her interest in the community property and nothing more. Lena hired her brother, D. L. Carter, an attorney, to represent her. Carter failed to file the waiver on Lena's behalf, thus preventing her from taking under the will. Instead, she received her interest in the community property, which was $19,358 less than she would have received under the will. Carter sent Lena the following letter: This is to advise and confirm our agreementthat in the event the J. W. Frasier estate case now on appeal is not terminated so that you will receive settlement equal to your share of the estate as you would have done if your waiver had been filed in the estate in proper time, I will make up any balance to you in payments as suits my convenience and will pay interest on your loss at 6 percent. The appeal was decided against Lena. When she tried to enforce the contract against Carter, he alleged that the contract was not enforceable because it was not supported by valid consideration. Who wins? Frasier v. Carter, 432 P.2d 32 (Idaho 1968).

REFERENCES

Schlageter III, John J.; Cheeseman, Henry R.; Reed, Kathleen. Contract Law for Paralegals (p. 78). Pearson Education. Kindle Edition.