Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 17

                                       - 17 -                                         
          Archambo v. Lawyers Title Ins. Corp., 646 N.W.2d 170, 177 (Mich.            
          2002); UAW-GM Human Res. Ctr. v. KSL Recreation Corp., 579 N.W.2d           
          411, 418 (Mich. Ct. App. 1998).                                             
               The settlement agreement at issue here contains in paragraph           
          14.0 an express integration clause to the effect that “This                 
          Settlement Agreement contains the entire agreement between the              
          Plaintiffs and the Defendants with regard to matters set forth in           
          it”.  Moreover, the estate has at no time so much as raised any             
          allegation of sham, fraud, illegality, or mistake.  Accordingly,            
          the Court concludes that none of the threshold exceptions                   
          enumerated by the Michigan courts are extant on these facts and,            
          thus, that application of the parol evidence rule will turn on              
          the presence or absence of ambiguity.                                       
               Respondent’s primary position in this litigation is that               
          unambiguous language of the settlement agreement afforded to                
          decedent the sole beneficial interest in the annuities and                  
          establishes that her claims provided the sole consideration for             
          those periodic payments.  The estate counters that the terms of             
          the agreement are susceptible to a reading under which all                  
          plaintiffs held joint beneficial interests in all payments to be            
          made thereunder and all of their claims collectively provided the           
          consideration for any and all relief to be paid.                            
               While the Court rules infra that both the settlement                   
          agreement itself and the totality of the evidence in the record             






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011