ley, to induce them to rent and move upon his farm, promised if they would do so and "occupy the same and furnish him, the said Crawley, a place to board in his own house on said farm as long as he desired to stay thereon, he would rent the said farm to complainant and her husband as long as he should live and would pay the complainant a reasonable compensation for his board and washing, and at the time of his death give to the said Frank Crawley and complainant, Belle Crawley, either by deed or will," the south 40 of the 80, that being the tract on which the residence was situated, and would provide by will enough money for complainant and her husband to equal the value of one-half the 15-acre tract. Crawley then stated he intended to give his daughter, Minnie Howe, 55 acres of the farm. The bill alleges complainant and her husband accepted the proposition, moved upon the farm, resided there until the death of Frank Crawley, paid the rent, furnished a home for Thomas Crawley, who paid a reasonable compensation for his board and washing, until about five years prior to the death of complainant's husband, and from that time on he continued to reside with complainant and her husband and board with them but did not pay any compensation for his home and board. The bill further alleges that complainant and her husband, relying upon the promises of Thomas Crawley, improved the premises agreed to be conveyed to them by placing thereon lasting and valuable improvements; that about five years before the death of Frank Crawley, Thomas Crawley informed him and complainant that he had made out the necessary papers to comply with his agreement and had deposited a deed with some responsible person to be delivered at the time of his death. The bill further alleges that complainant believes a deed or will was executed and left in the possession of a bank or banker in Tuscola, but she has been unable to secure it or information of its contents. By virtue of the alleged contract complainant claimed to be the equitable owner of the undivided one

half of the 40 acres where the residence is located; that as surviving widow of Frank Crawley she is entitled to homestead and dower in the remaining undivided one-half of said 40 acres and as administratrix of the estate of Frank Crawley she is entitled to a lien on the remaining one-half of said premises belonging to Frank Crawley; that, subject to the payment of debts and the homestead and dower interest of complainant, the undivided one-half is owned by complainant and Minnie Howe as tenants in common in equal portions; that complainant and the heirs of Frank Crawley are entitled to a deed conveying the premises, and it is further claimed complainant is entitled to the sum of $2500, the reasonable value of one-half of the 15-acre tract of the Thomas Crawley farm. The bill prayed that the contract be decreed to be specifically performed and for partition and assignment of homestead and dower, and that the administratrix of Thomas Crawley be decreed to pay complainant $2500, or whatever sum the court should find to be the reasonable value of one-half of the 15-acre tract, and also the sum of $1000 due and owing complainant for board furnished Thomas Crawley and which was not paid by him.

Minnie Howe, individually and as administratrix, answered the bill, specifically denying there was ever any contract made as alleged, denying performance as alleged, and denying any indebtedness to the estate of Frank Crawley. The answer pleaded and relied on the Statute of Frauds.

The case was referred to the master in chancery to hear and report the testimony, with his conclusions. The master reported recommending that the bill be dismissed for want of equity. The chancellor sustained certain exceptions to the master's report and entered a decree vesting title to the undivided one-half of the home 40 acres in complainant and denied all other relief prayed in the bill.

Thomas Crawley was about eighty-three years old at the time of his death. After complainant and her husband

moved from the farm, in 1909, he rented it to others and lived with the tenants on the place most of the time. He had a room in the farm residence, which was furnished with his own furniture. For some years his habit was to spend his winters in Florida, going there in December and returning about April. The complainant and her husband moved to the farm in the spring of 1913, as complainant claims pursuant to Thomas Crawley's promises to give them the home 40 acres and the value in money of one-half the 15-acre tract. The bill alleged complainant and her husband made valuable and lasting improvements on the land, but the proof did not sustain that allegation and counsel for complainant now say that may be disregarded. They say the contract was for personal services to Thomas Crawley, and that proof of possession under the contract and the making of permanent and valuable improvements was not necessary to take the case out of the Statute of Frauds.

Courts will enforce performance of oral contracts to convey land in return for services rendered where they are sufficiently proved, and where the contract is between father and son it is not necessary, in order to avoid the Statute of Frauds, to prove exclusive possession and the making of valuable and permanent improvements, especially where by the contract possession was not to be given till the owner's death. (Aldrich v. Aldrich, 287 Ill. 213; Dalby v. Maxfield, 244 id. 214.) Where the contract in such case has been performed by the promisee, a court of equity will not permit the Statute of Frauds to be used to accomplish a fraud. The basis for equitable relief is, that performance on the part of one claiming the benefit of the contract would cause him to suffer an injury amounting to a fraud if the statute be interposed as a defense. The cases in which this rule has been applied are usually cases where the party who has performed the contract has no remedy at law to be made whole in damages and his only remedy is to compel the performance of that which was agreed to be done.

(Gladville v. McDole, 247 Ill. 34.) The contract and its performance by the party seeking to enforce it must be proved by clear and satisfactory evidence. Aldrich v. Aldrich, supra; Corbly v. Corbly, 280 Ill. 278; 174 id. 514; Worth v. Worth, 84 id. 442.

Geer v. Goudy,

The proof principally relied upon to establish the making of the contract is the testimony of Mrs. Bowers, Harry Smith and William Smith, brothers of complainant, who were the lessees of the Wheatley farm and resided in the same house with complainant and her husband on that farm in 1912. Mrs. Bowers testified she lived with complainant and her husband several years before her marriage and that she was living with them on the Wheatley farm the year before they moved to the Crawley farm. She testified that after Thomas Crawley returned from Florida in 1912 he went to the Wheatley farm, where complainant and her husband were living, stayed about a week and then went to Minnie Howe's. The witness heard a conversation between Thomas Crawley, complainant and her husband during his stay at their home, about their going back to the Crawley farm. Crawley said if they would move back on his farm he would make them a deed to the home place and that they would get money for the 72 acres. Complainant and her husband would not accept the proposition as they did not like to leave where they were. They said they would have to sell off stock they had bought, and they did not feel like selling off and moving to the Crawley farm. Crawley then said he would have to sell the place and get a room in a hotel. Later in the summer he came back and said he would make them a deed and leave it for them to get at his death, and that he would leave the deed at the bank. Complainant and her husband agreed to move to the Crawley farm and did so. Witness heard Crawley say he had made the deed and it was in the bank for them. Witness did not live with them then but visited them. Crawley made his home with them and complainant did his washing and cared

for him. He said they were to pay as rent for the farm one-half the crops and $20 or more for the pasture.

Harry Smith, brother of complainant, testified that he, his brother Will, complainant and her husband were living together on and farming the Wheatley farm in 1912. Witness and his brother were unmarried and complainant did the housekeeping and cooking for them. In April, 1912, Thomas Crawley came to the Wheatley farm. At that time he was staying with his daughter, Minnie Howe. He told complainant and her husband if they would move on his farm and let him make his home there he would deed them the home 40, and said they could pay as rent one-half the crops and he would pay board. Complainant and her husband made no reply. At a subsequent time, at the same place, witness heard another conversation between the same parties. Crawley said nothing about making a deed that time. Witness heard a conversation after the first one he mentioned, in which Crawley spoke of making a deed to complainant and her husband for the south 40 acres of the farm if they would move there. He said he would leave the deed in the vault. He said something about giving them money for the 72 acres. Complainant and her husband moved on the Crawley farm in the spring of 1913. They were to pay as rent one-half of the crops and Crawley was to make his home with them and pay board.

Will Smith, brother of complainant, testified Thomas Crawley lived most of the time with complainant and her husband on the Crawley farm several years prior to 1910. Crawley visited the Wheatley farm in 1912. Witness heard a conversation between him and complainant and her husband in July or August. Crawley asked them to move back to his farm so he could make his home with them. He said he would make a will and give them the 40 acres the improvements were on. They said they would study over the matter. Afterwards he and the complainant and her husband had another talk. He said he had made his will leav