This section contains the nature of the case and procedural background.

The Urn has been situated on the property, and in front of the residence, since at least 1941. On July 3, 1941, the Honorable Robert H. Jackson, signed a memorandum with Leo and Leonora Rocca, the then owners of the Hickory Hill property which provided: This memorandum of understandings reached between Mr. Rocca and myself constitutes a part of the purchase agreement for the property at Langley, Virginia, known as Hickory Hill. The following personal property will remain with the real estate and become the property of the purchaser: Lawnmower, trailer, tractor, and lawn urn, and the following, items in the house: Hall, stair, and master bedroom carpets; attic table and benches: gas stove and refrigerator in the kitchen; and the piano. Since the 1940s, the Hickory Hill property has been conveyed in six real estate transactions. During the time that P resided at Hickory Hill, the Urn was held in place by gravity on top of grass without any other form of attachment. On or about December 17, 2009, D and Mrs. Kennedy entered into a Purchase Agreement for the sale of the Hickory Hill property, and the sale was finalized on December 23, 2009. D agreed to allow Mrs. Kennedy to reside at the property after its sale through May 31, 2010. Sometime between April and May of 2010, but before Mrs. Kennedy's departure from Hickory Hill on May 31, 2010, Mrs. Kennedy allowed each of her children to choose three items from Hickory Hill. P chose the Urn as one of the three items. On June 4, 2010, shortly after Mrs. Kennedy vacated Hickory Hill, D and Mrs. Kennedy's personal assistant, Anne C. Phelan (Phelan), exchanged emails regarding P's retrieval of the Urn. Phelan stated that 'a fellow that works with P, was coming to pick [the Urn] up this week . . . however, no one has called [Phelan] back.' D responded that he 'want[ed] to go on the record saying the urn should stay . . . and that we are confident that the intent of both parties was for it to convey as part of the sale.' The parties, through counsel, then exchanged a series of emails and letters discussing their respective positions on whether the Urn conveyed with Hickory Hill as a fixture. On June 16, 2010, D entered into an agreement with P, which was communicated via email, and signed by D which stated: Kerry, the purpose of this email is to memorialize our conversation that the Urn in the front of Hickory Hill will remain as your property and we give up any rights to it conveying with the property and in exchange you agree that the Urn will stay in its current place for 10 years from today's date-June 16th, 2010. At that time you are free to take the urn. I will sign a copy of this email and send you a signed PDF version via email. On April 2, 2018, P approached D regarding obtaining early possession of the Urn. P and D exchanged a series of emails wherein D discussed his efforts to replace the Urn with a replica and his interest in developing an 'acceptable arrangement ... to keep the existing urn in place.' On May 19, 2020, D stated that he originally agreed to let P take the urn based on [her] description of the history that it was from Hammersmith and brought here by your Aunt Jackie [i.e. Jacqueline Kennedy] and that this created a very special attachment . . . [t]his has turned out to not be the accurate history and consequently I am confident that the urn should stay here on the property. P filed suit against D for specific performance of the 2010 Agreement (Count I) and a declaratory judgment that the Urn is personalty that belongs to P (Count II). D filed his Counterclaims for recission of the 2010 Agreement based on mutual mistake (Counterclaim Count I), fraudulent inducement (Counterclaim Count H), and unclean hands and equitable estoppel (Counterclaim Count III), together with affirmative defenses on those same grounds as well as lack of consideration. Both parties moved for summary judgment.

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