Demantas

Name

DeMentas v. Estate of Tallas, 764 P.2d 628 (1988)

Procedural History

The Third District Court, Salt Lake County, held for estate and the appeal as accepted. It was then taken to The Court of Appeals to be challenged.

Facts

Jack Tallas (deceased) moved to the Salt Lake City from Greece in 1914 as a successful business man. Peter DeMentas (plaintiff) was a close personal friend of Tallas, assisting him with favors over a period of fourteen years.

December 18, 1982, Tallas wrote up a memorandum agreement stating that he owed DeMentas $50,000 for his many favors. Also stating in the notarized memorandum that he would edit his will that he would heir the $50,000 to DeMentas.

Tallas died on February 4, 1983, without changing his will to read the DeMentas would be the heir. DeMentas filed the claim and the estate denied the claim.

The court ruled that due to Tallas not adding DeMentas as an heir to his will prior to his death, DeMentas failed to prove a valid consideration.

Issue

Is the memorandum regarding the estate of Tallas to be given to DeMentas enforceable?

Holding/Decision

No

Rule

The Court of Appeals, determined that the memorandum was not enforceable and it was making a promise to past services which cannot be contracted.

Reasoning

DeMentas failed to prove that the memorandum stated that he should be compensated. But instead the court rendered the services performed gratuitously.

Comments

Due to the lack of completion of the will by Tallas, prior to his death. It is in good ruling of the court that DeMentas did not have sufficient proof of valid consideration to heir the estate of $50,000.