Legal Opinion

Gallaher v. Herbert

Illinois Supreme Court

Decided May 15, 1886PublishedCited by 33 opinions

Appeal from the Circuit Court of La Salle county; the Hon. George W. Stiff,- Judge, presiding. This was a hill in equity, in the circuit court of LaSalle county, hy Thomas Herbert, in which he alleged that, being enfeebled by age, he was induced, by the persuasions of his son, Patrick Herbert, to execute and deliver to him a deed, of which the following is a copy: “This indenture, made this 21st„day of August, A. D. 1871, between Thomas Herbert, of the county of LaSalle, and…

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Appeal from the Circuit Court of La Salle county; the Hon. George W. Stiff,- Judge, presiding. This was a hill in equity, in the circuit court of LaSalle county, hy Thomas Herbert, in which he alleged that, being enfeebled by age, he was induced, by the persuasions of his son, Patrick Herbert, to execute and deliver to him a deed, of which the following is a copy: “This indenture, made this 21st„day of August, A. D. 1871, between Thomas Herbert, of the county of LaSalle, and State of Illinois, party of the first part, and Patrick Herbert, of the same county, party of the second part,…

1Opinion of the CourtJustice Scholpield

This case is quite different in its facts from Frazier v. Miller, 16 Ill. 48, Oard v. Oard, 59 id. 46, and Jones v. Neely, 72 id. 449, cited by counsel for appellee. In each of those cases the grantor conveyed in consideration that the grantee undertook to furnish a home for the grantor, and take care of him and support him during life. t The consideration could not be measured by dollars and cents. The personal kindness and numerous delicate attentions demanded by the age and condition of the grantors in those cases, and that they might expect from the affections of the grantees, are not…

2Cases cited4 opinions

  1. Frazier v. MillerIllinois Supreme Court · 1854
  2. Willis v. GayTexas Supreme Court · 1878
  3. Kershaw v. KershawIllinois Supreme Court · 1882
  4. Board of Education v. Trustees of First Baptist Church of NormalIllinois Supreme Court · 1872

3Cited by33 opinions

  1. Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
  2. Koch v. StreuterIllinois Supreme Court · 1908
  3. Maguire v. City of MacombIllinois Supreme Court · 1920
  4. In Re Quick's EstateWashington Supreme Court · 1949
  5. Kew v. TrainorIllinois Supreme Court · 1894

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