Section 29.7 Express Written Contracts

• Library: Family Law Deskbook and 2014 Supp

1. (§29.7) Express Written Contracts

Lucas v. Smith, 383 S.W.2d 513 (Mo. 1964), was a suit to quiet title to real estate owned by Homer Burbank, a decedent. During his life, the decedent and Grace Smith had entered into a written partnership agreement whereby Smith agreed to move into Burbank’s home and be his housekeeper. In consideration of Smith’s performance of housekeeping and other duties, Smith’s children would live in the home and all household expenses would be paid from a pool of the parties’ funds derived from governmental benefits. The agreement further provided that Burbank would retain his own funds earned from other sources and that, upon his death, title to the residence would vest absolutely in Smith. The...