Asbury v. Hicklin
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Row. Wm. L. Jarrott, Judge. (1) Even if Mrs. Baldwin, who was covert, was capable of making the contracts alleged in the petition, which is denied, before plaintiff can recover she must show by proof so clear and forcible as to leave no reasonable doubt in the mind of the chancellor that Mrs. Baldwin, by a contract clear and definite in terms, agreed to give at her death her property to plaintiff, in ■consideration of personal services to…
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Appeal from Johnson Circuit Court. — Row. Wm. L. Jarrott, Judge. (1) Even if Mrs. Baldwin, who was covert, was capable of making the contracts alleged in the petition, which is denied, before plaintiff can recover she must show by proof so clear and forcible as to leave no reasonable doubt in the mind of the chancellor that Mrs. Baldwin, by a contract clear and definite in terms, agreed to give at her death her property to plaintiff, in ■consideration of personal services to be rendered by her to Mrs. Baldwin, and that such services had been faithfully performed by plaintiff, and that the…
1Opinion of the CourtValliant, J.
The plaintiff brings this suit against the heirs of Samantha E. Baldwin, deceased, and the administrator of her estate, to enforce the specific performance of an alleged contract, to the effect that the plaintiff, who was then an infant four years old, was to be taken into the family of the intestate, reared as a daughter and receive, at the death of the intestate, one-half her estate. The petition states that in 1878 Mrs. Baldwin, who was then the wife of defendant John L. Baldwin, had one son, David, about fourteen years old; the alleged contract is stated in the petition in these words:…
2Cases cited21 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Lynn v. HookadaySupreme Court of Missouri · 1901
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Williams v. EdwardsSupreme Court of Missouri · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Niehaus v. MaddenSupreme Court of Missouri · 1941
- Bussen v. Del CommuneMissouri Court of Appeals · 1947
- Wales v. HoldenSupreme Court of Missouri · 1908
- Horner v. MaxwellSupreme Court of Iowa · 1915
21 more not listed; retrieve them via the Exa API.