Jatcko v. Hoppe

Defendant Cecelia Hoppe has appealed directly to this court from a decree of the circuit court of Macoupin County ordering partition of certain premises owned by the decedent, Elizabeth Tomso, in accordance with a will devising all her property equally among her daughters, and denying defendant’s counterclaim, which asserted ownership of the property under an oral contract by decedent in her lifetime to give the property to defendant either by will or deed.

The issue presented in this cause is whether the evidence establishes that decedent in her lifetime orally contracted to give the property…