McLean v. McBean

Citations

• 74 Ill. 134

Syllabus

<p>1. Pleading — in suit against devisee for devisor’s debt. Where an action is brought against an heir or devisee, under the statute, for the debt of his ancestor or devisor, the facts authorizing such action must be distinctly set forth in the declaration. No recovery can be had under the common counts for work and labor performed, etc.</p> <p>2. - Heirs— liability for ancestor’s debt. An heir or devisee is under no legal liability to discharge the debt of his ancestor or the devisor from whom he takes real estate, except when the personal estate of such ancestor or devisor is insufficient to pay the same.</p> <p>3. Consideration — is essential. It is essential to every contract or promise that it be founded upon a good consideration.</p> <p>4. Same—promise to pay devisor’s debt. The devise of real estate to a party, not creating any liability to pay the devisor’s debt, it not being shown there was no personal estate left, a promise to pay the same by the devisee, without any other consideration, is void, and cannot be enforced.</p> <p>5. But even if the devise had created a legal liability to pay the devisor’s debt, a verbal promise by the devisee to pay the same, without being released from liability under the statute, will be without consideration, and void.</p>