Cronk v. Trumble

• Decision Date: 30 September 1872
• Parties: ALICE E. CRONK et al.v.SOLOMON C. TRUMBLE.
• Court: Illinois Supreme Court

66 Ill. 428

1872 WL 8599 (Ill.)

ALICE E. CRONK et al.

v.SOLOMON C. TRUMBLE.

Supreme Court of Illinois.

September Term, 1872.

OPINION TEXT STARTS HERE

WRIT OF ERROR to the Circuit Court of Kane county; the Hon. ISAAC G. WILSON; Judge, presiding.

Messrs. MAYBORNE & BROWN, for the plaintiffs in error.

Messrs. WHEATON, SMITH & MCDOLE, for the defendant in error

Mr. JUSTICE MCALLISTER delivered the opinion of the Court:

This was a bill in equity, brought in the Kane circuit court, by Solomon C. Trumble, against Eluna Trumble, the widow, Palmyra Massiker, Caroline Mack, the children and co-heirs of Solomon Trumble, deceased, and certain infant heirs. The bill alleges, that in the year 1850, complainant entered into a contract with his father, substantially as follows: Complainant agreed to support his father and mother during their lives, to pay all debts owing by said Solomon Trumble at his decease, and pay complainant's brother, Charles H. Trumble, the sum of $800; his sister Palmyra Massiker, $300; his sister Louisa Brown, $300; and his sister Caroline Mack, $300; and in consideration of which complainant was to become the owner of the farm on which he then resided with his father, in Kane county, thereinafter particularly described; that in pursuance of the contract, complainant took possession and control of said farm, and has continued in possession from thence hitherto; did support his father until he left this State to go to California, and still supports his mother, who now resides with him; that his father left this State, and in May, 1852, died while on his way to California, leaving Eluna Trumble, his widow, George Trumble, Charles H. Trumble, and complainant, and the three daughters above mentioned; that George died in California in October, 1852, leaving Delia Trumble as his widow, and an infant daughter, Alice Trumble, his only heir. Louisa Brown died on her way to the State of Oregon in July, 1853, leaving her husband, George W. Brown, and two infant children named Solomon E. and Nancy E. Brown, as her heirs at law; that Charles H. Trumble died in Oregon about the 15th of November, 1853, leaving his widow Adelia Trumble, and Adelbert and Ella, his infant children. The bill alleges the payment of the $800 to Charles H. Trumble, and the sum of $300 to each of his sisters, except the sum of $100 to Palmyra, as to which it alleges readiness to pay, and prays for specific execution of the contract against the widow and co-heirs, all of whom are made parties defendant.

The bill was filed December 12, 1853. The resident defendants were personally served with summons and the nonresidents brought in by publication, and guardians ad litem appointed for the infants. Adelia, the widow of Charles H., appeared and filed an answer, in which she avers that she was present at the making of the contract between complainant and his father, and then proceeds to state it as set out in the bill. She also admits the payment of the $800 to Charles H., her late husband. Delia Trumble, the widow of George Trumble, deceased, and mother of Alice, an infant defendant, joins in the answer filed by the guardian ad litem for Alice, in which the agreement is not admitted, but the Statute of Frauds interposed. The performance of the agreement is denied, and the answer sets up a new arrangement, made in the winter of 1852, between complainant and his father, by which the latter, with his wife, were to deed to complainant about fifty acres of the farm in question, with a house thereon, and about ten acres of timber, in consideration of which complainant was to relinquish all claim to the balance of the land under the first agreement, and avers the fact of the making, delivery and acceptance of such deed, on the 28th of February, 1852. That complainant, in pursuance of the latter agreement, surrendered up the possession of the balance of the lands to his father, by whom they were thereupon leased to another party for two years.

The bill calling for an answer under oath, this answer was put in under oath.

Replication was filed and the cause heard upon pleadings and proofs March 1, 1855. A decree was entered against all of the defendants, for the specific execution of the contract by proper conveyances, and authorizing such to be made on behalf of the infants by a commissioner. One of these infants, viz: Alice Trumble, now Alice E. Cronk, together with the widow of Charles H. Trumble, now Adelia C. Weaver, sue out this writ of error, and assign errors, in which the complainant below joins.

There is nothing in the record to show that Adelia C. Weaver has, or ever had, any interest in the land other than as widow of Charles H. Trumble. The suit, as respects...