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In re Estate of Casey

Appellate Court of Illinois

583 N.E.2d 83 (1991)

Relevant factsFree

In a 1986 letter, Warren Casey promised that if Milo Popovich (plaintiff) outlived him, Casey would leave Popovich 100 times the remaining balance of a $10,000 loan, describing Popovich as "very special" and crediting him with giving Casey "two of the best years" of his life. After Casey died in 1988, Popovich sued Casey's estate (defendant), arguing the letter was an enforceable contract supported by consideration in the form of personal services Popovich provided Casey between 1984 and 1986 and his forgoing certain opportunities at Casey's request; the trial court dismissed this count for failure to state a claim, and Popovich appealed.

IssueFree

Whether a promise to make a substantial future gift, made in gratitude for personal services and companionship already provided in the past, is an enforceable contract supported by consideration.

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