Creutz v. Heil
Court of Appeals of Kentucky
Case 64 — PETITION EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. The compromise of a disputed claim, asserted in good faith, is good consideration for a promise, whether or not the litigation has commenced, even though it should ultimately appear that the claim was wholly unfounded. (Jones v. Chappell, 5 Mon., 424; Berdell v. Bessell (Superior Court of Colorado), 4 Ky.
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Case 64 — PETITION EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. The compromise of a disputed claim, asserted in good faith, is good consideration for a promise, whether or not the litigation has commenced, even though it should ultimately appear that the claim was wholly unfounded. (Jones v. Chappell, 5 Mon., 424; Berdell v. Bessell (Superior Court of Colorado), 4 Ky. Law Rep., 737; 1 Parsons on Contracts, p. 438 (6th ed.); Brooks v. Hall, 36 Kan., 697; Grandin v. Grandin, 49 N. J. L.„ 508; 60 Am. Rep., 542; 8 Cent. Rep., 589; Adams v. Adams, 70 Iowa, 253; Taylor v. Patrick, 1 Bihh, 168;…
1Opinion of the Court
JUDGE BENNETT
delivered tiie opinion oe the court.
Mrs. Creutz, wife of the appellant, was the widow of Yalentine Heil, deceased, who died in 1866, leaving the widow aforesaid, and the appellees as children by himself and said widow. Said Heil left a will, by which his widow was empowered to dispose of certain personal property, and invest so much of the proceeds as she might deem necessary in a house and lot, the title to be vested in her for and during her widowhood, remainder in fee to the appellees, in equal portions ; and, in the event of her marriage, to be divided in the proportion of…
2Cases cited1 opinion
- Mitchell's Heirs v. LongCourt of Appeals of Kentucky · 1824
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