Oliver v. Johnson
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) This action is against the heirs and executor of the deceased to specifically enforce an agreement to make a will of real estate to a daughter in consideration of her living with and making a home for and taking care of her father. In such.a case, “the will is not set aside,-but the devisee, heir or executor, is made trustee to perform the contract.”
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Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) This action is against the heirs and executor of the deceased to specifically enforce an agreement to make a will of real estate to a daughter in consideration of her living with and making a home for and taking care of her father. In such.a case, “the will is not set aside,-but the devisee, heir or executor, is made trustee to perform the contract.” Wright v. Tinsel, 30 Mo..389. Such a contract though oral is valid, and the plea of the Statute of Frauds will not avail if there has been part performance. G-upton v. G-upton,…
1Opinion of the Court
BLAIR, C.
On November 8, 1907, Cornelius M. Coe died at his home in Knox county, Missouri. By his will, executed October 17, 1907, he "gave to his daughter, Nancy E. Oliver, the appellant herein, all his personal property, absolutely, subject to the payment of his debts, and also devised to her the use of his real estate for one year after his decease; the will further providing that after the expiration of appellant’s tenure under it, the real estate should be sold and the proceeds divided among the heirs, of whom appellant was one, share and share alike. John M. Epperson was named as…
2Cited by11 opinions
- Selle v. SelleSupreme Court of Missouri · 1935
- Maness v. GrahamSupreme Court of Missouri · 1940
- Fishback v. ProckSupreme Court of Missouri · 1925
- Fisher v. CoxSupreme Court of Missouri · 1958
- Herman v. MaddenSupreme Court of Missouri · 1942
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