Gupton v. Gupton
Supreme Court of Missouri
Jlppeal from Sixth District Court. I. An agreement for valuable consideration to make a will in a particular way is valid in law and enforceable in equity. If the contract can not be performed literally and exactly, it will yet be performed substantially if it can be done. (Wright v. Tinsley, 30 Mo. 389 ; Davidson v. Davidson, 2 Beasley, N. J., 246 ; 3 Pars. Cont. 406, and notes e, o,f; 2 Sto. Eq.
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Jlppeal from Sixth District Court. I. An agreement for valuable consideration to make a will in a particular way is valid in law and enforceable in equity. If the contract can not be performed literally and exactly, it will yet be performed substantially if it can be done. (Wright v. Tinsley, 30 Mo. 389 ; Davidson v. Davidson, 2 Beasley, N. J., 246 ; 3 Pars. Cont. 406, and notes e, o,f; 2 Sto. Eq. Jur., § 785; Yan Dyne v. Yreeland, 3 Stockt., N. J., 370 ; Maddox v. Rowe, 23 Ga. 431; Johnson v. Hubbel, 2 Stockt. 332; ■ 20 Ind. 223 ; Brinker v. Brinker, 7 Barr, 53.) II. Respondent, in taking a…
1Opinion of the CourtBliss, Judge
This is a petition for the specific" performance, or for compensation for its breach, of a contract to make a will in favor of plaintiff. The plaintiff, Mrs. Gupton, is a daughter, by a former marriage, of Celia Barnett, wife of Morgan L. Barnett, both defendants; and the petition alleges that said Morgan L.-Barnett, being himself childless, seventy-three years of age, and very infirm, applied to the plaintiffs to take him and his wife to their home, and take care of them during their lives, and, in consideration, agreed to devise and bequeath to them the land in controversy ; that plaintiffs…
2Cases cited8 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Wright v. TinsleySupreme Court of Missouri · 1860
- Hatch v. CobbNew York Court of Chancery · 1820
- Farrar v. PattonSupreme Court of Missouri · 1854
- McQueen v. Chouteau's HeirsSupreme Court of Missouri · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Owens v. McNallyCalifornia Supreme Court · 1896
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Cubley v. BarbeeTexas Supreme Court · 1934
- Roehl v. HaumesserIndiana Supreme Court · 1888
51 more not listed; retrieve them via the Exa API.