Estate of Ethel M. Cumber Wilson, Deceased, Ethel C. Kelly and Dennis I. Belcher, Co-Executors - Page 5

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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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