Whiton v. Whiton
Appellate Court of Illinois
Bill to Enforce an Agreement.—Trial in the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Hearing and decree dismissing the bill for want of equity. Appeal by complainants.-
1Opinion of the CourtJustice Sears
We think that the evidence supports the allegations of the bill of complaint. Upon the facts alleged and proved the appellants sought relief, asking the court to decree that the property given by Mrs. Whiton to her daughter, appellee, was taken by appellee subject to the agreement of Mrs. Whiton to will a portion thereof to appellants, her sons, and that it was held by appellee as a trustee for the use promised by her donor to appellants; and to decree that appellee, as such trustee, carry out the agreement.
Counsel for appellee urge various reasons why this relief should not be granted, which…
2Cases cited12 opinions
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Wallace v. RappleyeIllinois Supreme Court · 1882
- Mills v. NewberryIllinois Supreme Court · 1885
- Dicken v. McKinleyIllinois Supreme Court · 1896
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3Cited by3 opinions
- Kelley v. DevinOregon Supreme Court · 1913
- Boyle v. DudleySupreme Court of New Hampshire · 1935
- Whiton v. WhitonAppellate Court of Illinois · 1898