Dicken v. McKinley
Illinois Supreme Court
Writ of Error to the Circuit Court of Edgar county; the Hon. Ferdinand Bookwalter, Judge, presiding. This is a bill, filed by Beulah C. Dicken, a minor seven years old, by John M. Welch, her guardian, alleging, that she is an only child of Melvin S. Dicken, deceased, who died on January 1, 1893, and was the son of Serena Dicken; that, besides said Melvin, Serena Dicken had four other children, to-wit: Laura McKinley, John C. Dicken, William A. Dicken and Ada E. Dicken; that,…
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Writ of Error to the Circuit Court of Edgar county; the Hon. Ferdinand Bookwalter, Judge, presiding. This is a bill, filed by Beulah C. Dicken, a minor seven years old, by John M. Welch, her guardian, alleging, that she is an only child of Melvin S. Dicken, deceased, who died on January 1, 1893, and was the son of Serena Dicken; that, besides said Melvin, Serena Dicken had four other children, to-wit: Laura McKinley, John C. Dicken, William A. Dicken and Ada E. Dicken; that, after the death of Melvin, complainant became a full heir-at-law of said Serena; that, on the 25th day of January,…
1Opinion of the Court
Mr. Chief Justice
Magruder delivered the opinion of the court:
The weight of authority is in favor of the position, that a man may make a valid agreement to dispose of his property in a particular way by will, and that such contract may be enforced in equity after his decease against his heirs, devisees or personal representatives. (22 Am. & Eng. Ency. of Law, p. 974, and cases cited in note 2; Schouler on Wills,—2d ed.—sec. 454; Waterman on Specific Per. of Contracts, sec. 41; Fry on Specific Per. —3d ed.—sec. 223; Weingaertner v. Pabst, 115 Ill. 412). But such contracts are looked upon with…
2Cases cited9 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Bolman v. OverallSupreme Court of Alabama · 1886
- Ellis v. CaryWisconsin Supreme Court · 1889
- Wallace v. RappleyeIllinois Supreme Court · 1882
- Tyler v. TylerIllinois Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Stewart v. ToddSupreme Court of Iowa · 1919
- Stiles v. BreedSupreme Court of Iowa · 1911
- Rutt v. RocheSupreme Court of Connecticut · 1952
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Overlander v. WareNebraska Supreme Court · 1918
28 more not listed; retrieve them via the Exa API.