In re Estate of Snow

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After Harold Forest Snow died, Linda Moulton, as personal representative, filed a civil action against Susan Snow, alleging that one of the transfers identified in Harold’s codicil was an improvident transfer and a product of undue influence. During discovery, the parties’ attorneys announced that they had settled the case. Neither side, however, would agree to sign the other’s proposed settlement documents. Linda subsequently filed a motion to enforce the settlement agreement. The probate court granted Linda’s motion to enforce, finding that the record contained an “unequivocal stipulation by the parties’ attorneys that the matter was settled” and that the material terms of the agreement were clearly defined in the transcript. The Supreme Court affirmed, holding (1) there was ample evidence that the parties intended to enter into an enforceable settlement agreement and that the terms placed on the record reflected all of the material terms of the contract; and (2) the probate court did not abuse its discretion in granting the motion to enforce the settlement agreement without holding a trial or an evidentiary hearing.View "In re Estate of Snow" on Justia Law