Jinnette v. Guest

1 Citing case

  1. In re Estate of Sewart

    236 Ill. App. 3d 1 (Ill. App. Ct. 1991)   Cited 8 times

    See In re Estate of Johnson (1945), 389 Ill. 425, 429, 59 N.E.2d 825 ("Where there is a breach of the contract to make the bequest, the remedy is a claim against the estate in the nature of a claim for damages for such breach"). See also In re Estate of Greiner (1952), 412 Ill. 591, 107 N.E.2d 836; In re Guest's Estate (1962), 35 Ill. App.2d 434, 183 N.E.2d 194. • 3 Moreover, the deposition excerpt submitted by defendants as their sole support for summary judgment on count I does not suffice to establish the specific terms of any implied in fact agreement that may by inference be deemed to exist between the testator and the Pophams. If anything it is merely sufficient to establish a disclaimer by Mrs. Popham of an express agreement.