In a rare move, the Delaware Court of Chancery has invalidated a will bequeathing a decedent’s property to his youngest son because it conflicted with an earlier oral contract to leave the property to the deceased’s oldest son. The court invalidated the will after ruling the oldest son met the heightened burden of proof necessary to prove the existence of an oral contract.
Edward McCloskey, a father of five, died in 2010, according to court documents. Prior to his death, McCloskey owned a 48-acre property in Felton that included a single-family home and some farm buildings. The property and irrigation system were appraised at $386,000.
