Smith v. Smith

Appellees, Fred W. Smith, Alfred Walter Smith, Cora Pearl Leimbacher and Ivy Lillian Treharne, children of James and Catherine Smith, filed their bill in the circuit court of Will county for specific performance of a written agreement executed by their father in his lifetime, after the death of their mother. By the terms of this agreement James agreed to convey in his lifetime (or to will) to appellees all of the real estate owned by him as of the date of the instrument. He died intestate and without having made any conveyance to appellees. Appellant, Margaret N. Smith, to whom James was…