Bishop v. Hilliard
Illinois Supreme Court
Appeal from the Circuit Court of JoDaviess county; the Hon. R. S. Parrand, Judge, presiding. At the February term, 1906, of the circuit court of JoDaviess county the appellant, Hannah M. Bishop, filed her bill against the appellee, Jennie R. Hilliard, in which she alleged that on March 5, 1905, Ruth G. Striclcel departed this life intestate, leaving Hannah M. Bishop and Jennie R. Hilliard, her two daughters, as her only heirs-at-law ; that at the time of her death Ruth G.…
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Appeal from the Circuit Court of JoDaviess county; the Hon. R. S. Parrand, Judge, presiding. At the February term, 1906, of the circuit court of JoDaviess county the appellant, Hannah M. Bishop, filed her bill against the appellee, Jennie R. Hilliard, in which she alleged that on March 5, 1905, Ruth G. Striclcel departed this life intestate, leaving Hannah M. Bishop and Jennie R. Hilliard, her two daughters, as her only heirs-at-law ; that at the time of her death Ruth G. .Striclcel was seized in fee simple of certain real estate therein described, located in said county, to which she had…
1Opinion of the CourtJustice Wilkin
It is claimed by appellant that the relation between the grantor, Mrs. Strickel, and her daughter Mrs. Hilliard, and the latter’s husband, was of a fiduciary character, arising from the relation of principal and agent existing between them and from the dependent condition of the grantor upon the grantee and her family for physical support and comfort, and as a result thereof all business transactions between the mother and the daughter were prima facie illegal, and in order to sustain the deed the evidence must show that the transaction was entirely free from fraud and undue influence.
The…
2Cases cited5 opinions
- Harrison v. WeatherbyIllinois Supreme Court · 1899
- Oliphant v. LiversidgeIllinois Supreme Court · 1892
- Kellogg v. PeddicordIllinois Supreme Court · 1899
- Sturtevant v. SturtevantIllinois Supreme Court · 1886
- Scott v. BassettIllinois Supreme Court · 1900
3Cited by17 opinions
- McKey v. McKeanIllinois Supreme Court · 1943
- Roche v. RocheIllinois Supreme Court · 1918
- Pass v. StephensArizona Supreme Court · 1921
- Domm v. HollenbeckIllinois Supreme Court · 1913
- Amado v. AguirreArizona Supreme Court · 1945
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