Estate of Cates

The major of these two consolidated appeals is taken from a judgment adverse to plaintiffs and favorable to respondent Sandra Cates in an action for quasi-specific performance brought to enforce a written agreement between the decedent, Samuel D. Cates, and his predeceased wife Juel, by the terms of which they promised each other that they would execute mutual and reciprocal wills which neither would revoke or change without the consent in writing of the other. The other appeal is taken from an order entered in the probate proceeding granting a family allowance to respondent Sandra Cates to whom the decedent was married less than two years after the death of his predeceased wife Juel, and eleven months before his death.

Statement of the Case

Samuel D. Cates, hereinafter referred to as “Samuel,” and Juel Denn Cates, hereinafter referred to as “Juel,” were married on January 2, 1920, in Illinois and thereafter lived together in Chicago until Juel’s death in 1958. During their marriage of 38 years, Samuel and Juel pooled all of their assets in a common fund, through joint bank accounts, joint safe deposit boxes, equal ownership of their various businesses and their real…