Estate of Mary B. Bull - Page 17




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               At the time of decedent’s death, it appears that neither               
          decedent nor her heirs had any enforceable right to payments from           
          Chubb.  Chubb had no outstanding debt or obligation to decedent             
          or her heirs.  Additionally, because the construction contract              
          ran between decedent and Krueger and was not with her executors             
          or heirs, at the time of death there was no assurance Krueger               
          would complete the project.7  The parties’ actions in connection            
          with the rebuilding of the residence reveal an informal                     
          arrangement between Chubb, the coexecutors, and Krueger under               
          which, Krueger completed construction on the expectation of                 
          payment from the insurance reimbursement.  Chubb, however, would            
          not reimburse decedent or the coexecutors unless or until the               
          restoration had been completed.  Chubb’s postdeath payments were            
          not made until additional work was accounted for and verified.              
          Under these circumstances, Chubb’s obligation to pay for                    
          improvements after decedent’s death was subject to a condition              
          precedent.                                                                  
               Because of the lack of contractual rights by the estate                
          and/or the heirs to payment from Chubb or performance by Krueger,           
          the practical reality was, that after decedent’s death, there               



               7 We also note that more was being expended to complete the            
          residence than could be recovered from a sale of the completed              
          residence.  Under those circumstances, it would have been to                
          Krueger’s financial detriment to incur the cost of labor and                
          materials without assurances and commitments from the heirs,                
          executors and/or the insurance company.                                     





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