stepson’s second amended petition filed more than 4 years after the distribution of father’s estate alleging promissory fraud and undue influence related back to petition and first amended petition in which he alleged the will, family settlement, oral promises by member of the family, and subsequent nonperformance of those promises entitled him to distribution
How later courts described this case
- stepson’s second amended petition filed more than 4 years after the distribution of father’s estate alleging promissory fraud and undue influence related back to petition and first amended petition in which he alleged the will, family settlement, oral promises by member of the family, and subsequent nonperformance of those promises entitled him to distribution
- where amount of claim is liquidated, compensation in form of prejudgment interest is allowed as matter of right
Written by the judges who cited it.
The opinion
Boslaugh, J.,
dissenting in part.
I dissent from that part of the opinion of the court that allows the plaintiff prejudgment interest. In a case as *69 doubtful as this, the defendant should be allowed to litigate her rights without the risk of a judgment that will include more than $200,000 in interest.
White, C. J., concurs in this dissent.