ESTATES OF DECEDENTS, § 261 — necessary allegations and proof as to invalidity of decedent's agreement. Where pursuant to oral agreement made between plaintiff and decedent during latter's lifetime plaintiff, at decedent's suggestion that plaintiff's ownership of stock might affect plaintiff's standing with relief agency, transferred stock to decedent to be held for plaintiff and returned upon his request, plaintiff could recover stock from decedent's administrator in absence of allegations and proof sustaining administrator's contentions that parties were in pari delicto, and that agreement was tainted with fraud, illegal and against public policy.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE BRISTOW.
Not to be published in full. Opinion filed June 4, 1948; rehearing denied June 28, 1948; released for publication June 28, 1948.