The preceding section must not be construed to affect the power of a testator in the disposition of his real property by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law, nor to abridge the power of any court to compel the specific performance of an agreement, in case of part performance thereof.
Idaho Code § 9-504
Exceptions to preceding section
Applied in 5 court decisions — leading case Johnson v. McPhee (2009)
Most recently applied in Rainsdon v. Garcia (In re Garcia) (October 2011)
C.C.P 1881, § 936; R.S., R.C., & C.L., § 6008; C.S., § 7975; I.C.A., § 16-504.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.