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on quantum meruit for the portion of his claim relating to
decedent's real estate.
During jury deliberations, David and the executors reached
an agreement, called a structured settlement, the terms of which
depended in part on the jury verdict.
The jury determined that David and decedent had entered into
a binding contract under which decedent agreed to give David one-
third of her estate and in return David agreed to provide
personal and financial services to decedent. The jury also
determined the value of David's services performed under the
contract to be worth $75,000 (without interest).
The jury found sufficient consideration to support the oral
contract at the time of the alleged oral agreement. The jury's
finding that the value of David's services was $75,000 did not
limit David's recovery with respect to decedent's personal
property, but would have been used as a basis to determine
David's ultimate recovery with respect to the real estate. As a
result of the jury's verdict in favor of David, he would have,
but for the settlement agreement, received approximately $1.5
million plus $3,750 (the quantum meruit portion relating to
decedent's real estate). Because the jury returned a verdict in
favor of David, the structured settlement provided that David was
entitled to receive $400,000 in full satisfaction of his claim
against decedent's estate for services provided to decedent
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Last modified: May 25, 2011