Opinion
Gen. No. 43,269. (Abstract of Decision.)
Opinion filed May 29, 1945 Released for publication June 14, 1945
ESTATES OF DECEDENTS, § 287 — oral contract for bequest in return for services rendered as specifically enforceable. In proceeding against executor and beneficiaries under will for specific performance of oral contract between plaintiff and decedent under which plaintiff rendered certain services to decedent, including washing clothes, preparing meals, running errands, shopping, driving automobile, reading, and acting as companion, in return for which decedent agreed to bequeath her $1,000 for each year of said service; where it appeared decedent had executed in successive years several codicils to will in performance of said contract, increasing sum by $1,000 each year, but that on day before death in hospital he executed will revoking prior wills and omitting any bequest to plaintiff, held that decree was warranted impressing trust on assets of estate for sum of $8,853 due plaintiff under contract, subject to rights of creditors and expenses of administration.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JULIUS H. MINER, Judge, presiding.
Decree affirmed. Heard in the second division, first district, this court at the December term, 1944.
Ernest A. Eklund, for appellants;
John N. Thornburn, of counsel;
Reuel H. Grunewald and Robert F. Kolb, for appellee.
Not to be published in full. Opinion filed May 29, 1945; released for publication June 14, 1945.