Husband v. Epling

Citations

• 81 Ill. 172

Syllabus

<p>1. Negotiable instrument—certainty as to time of payment. It is essential to the negotiability of an instrument in writing for the payment of money, that the event on which it is to become payable must inevitably happen some time or other.</p> <p>2. A written obligation for the payment of a sum of money “when the estate of Thomas Mason is settled up,” is not negotiable or assignable, as it is not morally certain the event will ever happen.</p> <p>3. Married women—contract relating to separate estate binding. A contract made by a married woman in compromise and settlement of a bona fide claim against an estate in which she is entitled to a distributive share, is one in respect to her separate estate, and is binding on her, notwithstanding her coverture.</p> <p>4. Consideration—compromise. The compromise of a bona fide claim against an estate with the heirs entitled to distribution therein, whereby such claim is withdrawn, constitutes a good and sufficient consideration to support an agreement by the heirs to pay the claimant a certain sum of money less than the claim.</p>