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On December 30, 1993, David filed a lawsuit against
decedent's estate claiming that in the fall of 1976 he and
decedent had entered into a binding oral contract under which
decedent agreed to provide in her will that David receive one-
third of her estate in return for his agreement to provide
personal and financial services to decedent until her death.
David provided such personal and financial services to decedent
from 1976 until 1984. In 1980, decedent executed a will in which
decedent gave one-third of her estate to David. However, because
of a dispute with David, decedent executed a new will in 1984
that eliminated David as a beneficiary.
Decedent's executors disputed the validity of David's claim
and litigated the matter on behalf of decedent's estate. The
litigation included extensive discovery and contested pretrial
matters. Following 2 years of discovery and pretrial motions, a
2-day jury trial was held in the Circuit Court of the City of
Richmond on January 11 and 12, 1995. The principal issues were
the validity and amount of David's claim. Before submitting the
matter to the jury, the court granted the executors' statute of
frauds motion with respect to decedent's real property but not
with respect to her personal property. Consequently, if the jury
believed that David and decedent had an oral agreement, David
would receive: (a) One-third of decedent's personal property (or
one-third of approximately $4.5 million), and (b) an award based
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