Mattlage v. Mattlage
This case involves a dispute over the devise of "Home Place" property in Marvin Mattlage's will. Marvin's will devised Home Place to Karl Mattlage, but Marvin and his wife Celeste later contracted to sell it to Mark Mattlage and Robert Snowden. After Marvin's death, Karl sued Celeste for a declaratory judgment that the will prevails, while Celeste sued Karl and Mark/Robert for specific performance, asserting the contract prevails. The trial court sided with Celeste, ruling that the devise was adeemed and Celeste was entitled to specific performance. Karl appealed, arguing the trial court erred in granting Celeste's motion for summary judgment because the devise was not adeemed, specifically challenging the contract's enforceability due to contingencies. The appellate court affirmed the trial court's judgment, finding that a waiver letter removed the contract's contingencies, making it specifically enforceable and thus confirming the ademption of the devise.