Fischer v. Union Trust Co.

William Fischer gifted real property to his daughter Bertha (plaintiff) through a deed containing a covenant against encumbrances except for two existing mortgages, which William promised to pay off; in exchange, Bertha handed her father one dollar, though it was clear the underlying transfer was a gift rather than a sale. William never paid off the mortgages, and after his death one was foreclosed and satisfied out of part of the gifted property. Bertha sued Union Trust (defendant), administrator of William's estate, to enforce his promise to pay the mortgages; the trial court and circuit court both ruled for Bertha, and Union Trust appealed.