Ward v. Ward, 94 Colo. 275, 280, 30 P.2d 853, 855 (1934).

Started by Lawrence Rohlfing on Monday, May 31, 2010

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  • Calvin T.
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5/31/2010 at 7:49 PM

a contract to devise land falls within the statute of frauds, and must be in writing. Thus, the father’s oral promise to devise land was void and unenforceable. Ward v. Ward, 94 Colo. 275, 280, 30 P.2d 853, 855 (1934).

This is the action by Andrew Calvin Ward against his father's fourth wife to enforce the promise that Calvin Travis Ward made to give certain property to Andrew. The agreement to put that gift into the will was not in writing and therefore failed.

The decision in Ward v. Ward is still good law cited in Marriage of Schmedeman in 2008.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=co&vol=2...

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