Klussman v. Wessling
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding. This is a bill filed in the circuit court of Cook county asking to set aside an instrument dated September 13, 1905, theretofore probated as the will of Louisa Horman, (formerly Louisa Grimsell,) and to dispose of the estate according to the terms of an instrument dated October 26, 1880, on the ground that the last mentioned instrument was executed in pursuance of an agreement…
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Appeal from the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding. This is a bill filed in the circuit court of Cook county asking to set aside an instrument dated September 13, 1905, theretofore probated as the will of Louisa Horman, (formerly Louisa Grimsell,) and to dispose of the estate according to the terms of an instrument dated October 26, 1880, on the ground that the last mentioned instrument was executed in pursuance of an agreement between Louisa and her husband, Henry Grimsell, whereby they drew mutual wills at the same date, the bequests in his will to…
1Per curiam
The rule is settled in this State that a person owning property may make a contract to dispose of it by will in a particular way, and that such a contract, when based upon sufficient consideration and clearly established, will be enforced in equity. (Oswald v. Nehls, 233 Ill. 438; Jones v. Abbott, 228 id. 34.) The theory upon which the courts proceed is to construe such an agreement (unless void under the Statute of Frauds or for other reasons) to bind the property of the testator or intestate so far as to fasten a trust on dt in favor of the' promisee and to enforce such trust against the…
2Cases cited9 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Bartholomew v. PeopleIllinois Supreme Court · 1882
- Dowie v. DriscollIllinois Supreme Court · 1903
- Hudnall v. HamIllinois Supreme Court · 1899
- Dicken v. McKinleyIllinois Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Curry v. CottonIllinois Supreme Court · 1934
- Clements v. JonesSupreme Court of Georgia · 1928
- Frese v. MeyerIllinois Supreme Court · 1945
- Notten v. MensingCalifornia Court of Appeal · 1937
- Harper v. KennedyIllinois Supreme Court · 1958
12 more not listed; retrieve them via the Exa API.