Hall v. Hall
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Charles Kellum, Judge, presiding. This was a bill in chancery, for the specific performance of an alleged agreement, brought by Stephen A. Hall, Fitzena A. Summers and Matilda H. Plummer, children and heirs-at-law of Ophelia B. Hall, the widow of Alexis Hall, deceased, against Marion 0. Hall and others, the widow and children and heirs-at-law of Eugene A. Hall, deceased.
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Appeal from the Circuit Court of Kane county; the Hon. Charles Kellum, Judge, presiding. This was a bill in chancery, for the specific performance of an alleged agreement, brought by Stephen A. Hall, Fitzena A. Summers and Matilda H. Plummer, children and heirs-at-law of Ophelia B. Hall, the widow of Alexis Hall, deceased, against Marion 0. Hall and others, the widow and children and heirs-at-law of Eugene A. Hall, deceased. On December 7, 1881, Alexis Hall made his will, by which he gave the greater share of his estate to his son Eugene A. At that time Alexis Hall was upward of eighty years…
1Opinion of the CourtChief Justice Sheldon
The defence set up in this case is, that the contract of January 19, 1883, was not a complete contract, and that not being complete, it is as no contract, and so, that that alleged agreement can not be specifically enforced; that the only complete contract there could have been in the case would have been that of February 10, 1883, had the papers of that date all been executed and delivered, but as they were not, the. attempted contract of February 10 was not completed, and hence there is no contract whatever to be specifically performed.
It would seem from the evidence, that the will of…
2Cases cited1 opinion
- Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
3Cited by11 opinions
- In Re the Probate of the Will of CookNew York Court of Appeals · 1926
- Cole v. ColeIllinois Supreme Court · 1920
- Miller v. GordonIllinois Supreme Court · 1921
- Altemeier v. HarrisIllinois Supreme Court · 1949
- McDole v. KingsleyIllinois Supreme Court · 1896
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