Davis v. Jones' Adm'r
Court of Appeals of Kentucky
Case 53 — PETITION EQUITY — "Where one induces a mother to part with the custody, company and service of her child, upon a promise that the child shall have his property, his estate is liable for the non-performance of the contract, and the child may sue in his own name, although the undertaking was not directly to or with him.
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Case 53 — PETITION EQUITY — "Where one induces a mother to part with the custody, company and service of her child, upon a promise that the child shall have his property, his estate is liable for the non-performance of the contract, and the child may sue in his own name, although the undertaking was not directly to or with him. (1 Parsons on Contracts, p. 390; Civil Code, sec. ¡8; Allen v. Thomas, 3 Met, 198; Smith v. Smith, 5 Bush, 625; Clarke v. McFarland’s Exeeutox-s. 5 Dana, 45.)
1Opinion of the CourtChief Justice Bennett
The appellants allege in their petition that George Jones agreed with the mother of the appellant, Marinda Davis, that in consideration of the mother surrendering the costody, care and control of Marinda, then an infant, to him, “he would clothe, support and •educate her, and make her his heir at law, so that she could inherit all his estate.” The appellants say that said Jones died without making Marinda his heir at law. They claim five thousand dollars damage for such failure. The court sustained a demurrer to the petition and the appellants have appealed. Was the agreement to make…
2Cases cited3 opinions
- Power v. HafleyCourt of Appeals of Kentucky · 1887
- Allen v. ThomasCourt of Appeals of Kentucky · 1860
- Willoughby v. MotleyCourt of Appeals of Kentucky · 1885
3Cited by13 opinions
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Wall v. Estate of McEnneryWashington Supreme Court · 1919
- Barney v. HutchinsonNew Mexico Supreme Court · 1918
- BRASSIELL v. BrassiellMississippi Supreme Court · 1956
- Lewis v. Creech's AdministratorCourt of Appeals of Kentucky · 1915
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