The Appellate Group

In re Berrey

In re Berrey, 2024 UT App 21 (Oliver, J.)


Son alleged that Father promised to leave him a share of his ranch in exchange for Son’s help with an issue that burdened the ranch. Son claimed to have completed the work. But before Father passed away, he left the ranch to his grandsons—not Son. Son brought suit against the estate in part to enforce Father’s promise on promissory estoppel grounds. After a bench trial, the district court dismissed Son’s claim. The Utah Court of Appeals affirmed, holding:

  • The district court properly dismissed Son’s claim. Son failed to meet his burden of proof on his promissory estoppel claim and, in the alternative, Son’s detrimental reliance claim was insufficient to permit the district court to craft an equitable remedy.

Read the full court opinion