Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Estate of Snow

Supreme Judicial Court of Maine

August 14, 2014

ESTATE OF HAROLD FOREST SNOW

Argued June 10, 2014

On the briefs:

J. Colby Wallace, Esq., Michael R. Bosse, Esq., and Daniel J. Mitchell, Esq., Bernstein Shur, Portland, for appellant Susan R. Snow.

Brendan P. Rielly, Esq., and Lee Ivy, Esq., Jensen Baird Gardner & Henry, Portland, for appellee Estate of Harold F. Snow.

At oral argument:

J. Colby Wallace, Esq., for appellant Susan R. Snow.

Brendan P. Rielly, Esq., for appellee Estate of Harold F. Snow.

Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR, JJ.

OPINION

Page 279

SILVER, J.

[¶1] Susan R. Snow appeals from a judgment of the Cumberland County Probate Court ( Mazziotti, J. ) granting a motion filed by the personal representative of the estate of Susan's father, Harold Forest Snow, to enforce a settlement agreement between the parties. Susan contends, inter alia, that the court erred or abused its discretion in (1) concluding that a binding settlement agreement existed between the parties and (2) granting the personal representative's motion without holding a trial or evidentiary hearing or requiring the parties to submit summary judgment filings. This case gives us the opportunity to analyze when a settlement has been reached and, if so, how to enforce the

Page 280

settlement agreement. We affirm the judgment.

I. BACKGROUND

[¶2] The parties do not dispute the following facts. Harold Forest Snow died on November 29, 2011, survived by four adult daughters. On December 13, 2011, Linda C. Moulton, one of Harold's daughters, applied for informal probate of a will dated February 20, 1997, and a holographic codicil to the will dated October 19, 2011, and for appointment as personal representative of Harold's estate. The will provides that the residuary of Harold's estate is to be divided equally among his four daughters, and nominates Linda as personal representative. In the event that Linda does not serve, the will nominates Susan R. Snow as personal representative. The codicil provides:

I Harold Snow intend This to be part of my will. I intend that The gifts made to my daughter Susan of the camp and land in Standish on Sebago lake, and of The land known as the pasture behind my home on Pine Point Road be considered as advance distribution as part of my estate as stated in my will
Harold F. Snow
Oct 19 2011
These gifts are to be valued as of the date They were Transferred to Susan
Harold F. Snow

On December 16, 2011, the Register of Probate issued letters of authority to Linda and informally admitted ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.