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Martin v. Martin

Appellate Court of Illinois
Apr 14, 1941
310 Ill. App. 259 (Ill. App. Ct. 1941)

Opinion

Gen. No. 9,279. (Abstract of Decision.)

Opinion filed April 14, 1941

ESTATES OF DECEDENTS, § 295claims, money advanced for support of mother. Claimant, who was deceased's son, was properly held unable to recover funds advanced his mother more than 30 years before claim was asserted, as statute of limitations barred claim where there was no subsequent promise to pay, and an expression of gratitude by the mother was neither an express nor implied promise that the money would be repaid, but claimant was properly allowed to recover later sums advanced for his mother's support, as jury could properly find that such advances were in the nature of a loan rather than a gift.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Montgomery county; Hon. JAMES G. BURNSIDE, presiding.

Affirmed. Heard in this court at January term, 1941.

Omer Poos, for appellant;

Hill, Bullington Vandever, for appellee.


"Not to be published in full." Opinion filed April 14, 1941.


Summaries of

Martin v. Martin

Appellate Court of Illinois
Apr 14, 1941
310 Ill. App. 259 (Ill. App. Ct. 1941)
Case details for

Martin v. Martin

Case Details

Full title:L. Martin, Appellee, v. Estate of Ida Illinois Martin, Deceased, by Daisy…

Court:Appellate Court of Illinois

Date published: Apr 14, 1941

Citations

310 Ill. App. 259 (Ill. App. Ct. 1941)
33 N.E.2d 713