Klockner v. Green – Case Brief
Klockner v. Green, 254 A.2d 782 (N.J. 1969).
Facts: Edyth Klockner orally promised to leave the bulk of her estate to Richard and Frances Klockner (Ps), her stepson and step granddaughter, in exchange for their services in caring for her during her lifetime. Ps had enjoyed a close relationship with Edyth and performed numerous services in caring for her. Edyth had Green (D) draft a new will according to her promise to Ps; however, fearing that the new will was a premonition of death, she failed to execute it. Edyth died without having changed her will and Ps sued Green, who had become the executor of the estate, to enforce the promise.
The trial court judge granted D’s motion to dismiss on the grounds that neither offer and acceptance nor consideration had been established and therefore no contract had formed and P appealed. The Appellate Division affirmed, holding that the promise lacked consideration because Ps had testified that they would have continued to care for Edyth even without the promise. P appealed.
Issue: 1) Can an enforceable contract be made whereby a party is bound to bequeath property in a certain manner? 2) Must the performance of a contracting party have been induced solely by the offer of consideration by the other party?
Holding and Rule: 1) Yes. An enforceable contract can be made whereby a party is bound to bequeath property in a certain manner, even if the promise is oral. 2) No. The performance need not have been induced solely by the offer of consideration by the other party.
If an act is requested by the offeror as consideration for a unilateral contract, the act need only be given with the intent of accepting the offer. The performance by Ps need not have been induced solely by the offer of compensation and an act under a unilateral contract need only be given with the intent of accepting the offer. The motive which induced the party to make or perform the contract is immaterial.
Because the Ps had completed performance, the contract was removed from the statute of frauds.
Disposition: Reversed and remanded.