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04/26/89 Margaret Horn, v. Paul A. Croegaert

April 26, 1989

MARGARET HORN, PLAINTIFF-APPELLANT AND CROSS-APPELLEE

v.

PAUL A. CROEGAERT, DEFENDANT-APPELLEE AND CROSS-APPELLANT

SUMMARY JUDGMENT CAN BE ENTERED ONLY WHEN THERE IS NO GENUINE ISSUE OF MATERIAL FACT AND THE MOVANT IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. ILL. RE

v.

STAT. 1985, CH. 110, PAR. 2-1005.



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

542 N.E.2d 1124, 187 Ill. App. 3d 53, 134 Ill. Dec. 617 1989.IL.601

Appeal from the Circuit Court of Richland County; the Hon. James R. Watson, Judge, presiding.

APPELLATE Judges:

JUSTICE HOWERTON delivered the opinion of the court. HARRISON and GOLDENHERSH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOWERTON

We find issues of fact. We find the need for a jury.

Margaret Horn is the widow of an Illinois Judge and a pensioner as his surviving spouse.

She knew Frank Yockey, an oil man, who had few assets, but she liked him anyway. She wanted marriage but did not want her pension to perish. Yockey also wanted to marry her, but saw the pension business the same as she. So, plaintiff and Yockey decided to meet with defendant, a lawyer.

Defendant told them that if they married, plaintiff would lose her pension, so they should just go on living together as if they were man and wife, and, in addition, enter into a business relationship.

They did both.

The business part involved oil.

But, plaintiff was uneasy. She felt her best interests called for a written agreement covering the oil business with Yockey and she asked defendant about it. According to plaintiff, defendant said in reply, "You can't get an oil man to sign anything in writing. They can't read." So, she never asked Yockey for a written agreement.

Plaintiff and Yockey pursued a make-believe man and wife relationship, Yockey with little other than a nose for oil, and plaintiff with her ...


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