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Show CASE SENT BACK FPU NEV7 TRIAL Decision of Lower Court in Case of Martha Lloyd Price Against Executor of Will Reversed. In an opinion handed down by the Supreme Su-preme court today It refused to compel the specific performance of an ante-mortem agreement for the transfer of property prop-erty In the case of Martha Lloyd Price against John H. Lloyd, executor of the estate of William. Lloyd, deceased. The Judgment of the lower court is reversed and the case is remanded for a new trial. The lower court awarded Mrs. Price the property . Involved, which is a part 'of lot 7, block 47, plat C. Salt Lake City survey. sur-vey. According to the evidence Mrs. Price was i niece of William Lloyd and married mar-ried -his eon. Later she secured a divorce di-vorce from him and was married to her present husband. Prior to. July, 1891, Mrs. Price asserted that she cared for Lloyd,- and In consideration of her care he told her he would give her the lot which she now occupies and for her to move In and fix It up. Lloyd declared that he wanted to retain title until his death. . She declared that she washed and,; mended and cared for Lloyd's clothes, carrying out her part of the contract. Since she took possession of the place in 1891, she has placed $2000 worth of Improvements Im-provements on It. Since Lloyd's deAth, the executor ha refused to carry out the agreement. The Supreme court declares that the evidence was not sufficient to show that a failure to specifically perform the pawle agreement of gift perpetrated a fraud upon her and Inflicted unjust and unconscionable injury and loss to her, hence it was not removed from-the statute stat-ute of frauds. Therefore the court reversed re-versed the Judgment. |