Question
You are a law clerk working for me in the Anthony law firm. The Estate of Joseph Herring hires our firm to represent it in
You are a law clerk working for me in the Anthony law firm. The Estate of Joseph Herring hires our firm to represent it in a probate matter contesting a memorandum that could potentially alter the terms of Herring's will. The facts of the case are below:
Joseph Herring came to the United States from Poland in 1950. He lived in Salt Lake City for nearly 70 years, achieving great success in insurance and real estate. During the last 14 years of his life, his friend Peter Grundge helped him with numerous personal and business chores. Two months before his death, Herring dictated a memorandum to Grundge, in his native language, which was translated to state:
PETER GRUNDGE is my best friend I have in this country and since he came to the United States he treats me like a father and I think of him as my own son. He takes me in his car grocery shopping. He drives me to the doctor and also takes me every week to Bingham to pick up my mail, collect the rents and manage my properties. For all the services Peter has given me all these years, I owe to him the amount of $50,000 (Fifty Thousand Dollars.) I will shortly change my will to include him as my heir.
Herring signed the memorandum, but he did not in fact alter his will to include Grundge. The estate refused to pay, and Grundge sued. Was there consideration?
Please prepare a brief legal memorandum that discusses and resolves this issue.
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