Clark v. Cordry
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) That a person may bind himself upon proper and sufficient considerations to make a will in a particular way is conceded; but such agreements, when in parol, are not enforcible by an action at law. Only by a bill in equity, showing sufficient grounds for equitable relief, have the courts in Missouri ever enforced such agreements.
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Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) That a person may bind himself upon proper and sufficient considerations to make a will in a particular way is conceded; but such agreements, when in parol, are not enforcible by an action at law. Only by a bill in equity, showing sufficient grounds for equitable relief, have the courts in Missouri ever enforced such agreements. Wright■ v. Finsley, 30 Mo. 389, 396; Gupton v. Gupton, 47 Mo. 37, 48; ‘Woerner’s Am. Law Administration, pp. 58, 59, and cases there cited. (2) The petition is insufficient to sustain even an…
1Opinion of the CourtSmith, P. J.
This is an action on a parol contract. The petition, inter alia, alleges: “That on the said-day of December, 1893, the said Job Denny and the plaintiff herein, entered into a contract, whereby the said Job Denny agreed that if the said plaintiff would board, lodge, and care for the said Denny at such times as said Denny might desire to board and lodge with plaintiff during his lifetime, he, the said Denny, would, -at his death, leave by will the sum of two thousand dollars to the plaintiff for .the services to be so rendered by plaintiff. Plaintiff states that he accepted said contract, and…
2Cases cited21 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Todd v. . WeberNew York Court of Appeals · 1884
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3Cited by8 opinions
- Harris v. Nashville Trust Co.Tennessee Supreme Court · 1913
- Bright v. GanasCourt of Appeals of Maryland · 1937
- Hall v. GetmanMissouri Court of Appeals · 1906
- Moran v. KesslerMissouri Court of Appeals · 2001
- Walker v. Gay's EstateMissouri Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.