Brock v. Slaten

Citations

• 82 Ill. 282

Syllabus

<p>1. Claims against estate — allegation and proof must correspond. Where a claim filed against an estate is for money due under an alleged specific contract between the claimant and the deceased, proof of the admissions of the deceased of obligations or undertakings, on liis part, to the claimant, other and different from the claim filed, will not sustain the claim, and it should not be allowed on such proof.</p> <p>Z. Same—should he closely scrutinized. A claim filed hy a grandson against his grandfather’s estate, for a large amount, on account of an alleged agreement by the grandfather to pay him for changing his residence, should he closely scrutinized hy the jury passing upon the same, and all the facts and circumstances should be carefully weighed and considered.</p>