The former estate trustee of an estate brought a motion to enforce an alleged settlement relating to the passing of accounts and compensation for her administration of the estate.
The respondents argued that no binding settlement existed because essential terms—specifically the scope and form of mutual releases—had not been agreed upon.
The court reviewed the correspondence between counsel following the purported acceptance of an offer and concluded that negotiations continued and that a serious disagreement persisted regarding the releases.
The court held that the releases constituted an essential term of the proposed settlement.
Because there was no agreement on that essential term, no enforceable settlement contract existed.
