Although plaintiffs have stated a sufficient cause of action for the latter breach, they have not and can not state a claim for the former breach.
In reviewing a section 2-615 motion, the court must determine whether the allegations in plaintiffs' complaint, when interpreted in the light most favorable to the plaintiffs, are sufficient to set forth a cause of action upon which relief may be granted. She runs a series of Read-a-Longs throughout the year (as well as posting fun bookish tidbits throughout the week) on her blog, Unputdownables. On May 9, 1989, the plaintiffs, Mrs. Wilkonson, individually and as Guardian and Next of Friend of Luka and Wallace, and Donald Yovetich as administrator of the decedent's estate, brought suit against the defendant, Karen Wagenknecht Yovetich.
The trial court erred in this respect. As plaintiffs appear to recognize, they are barred from bringing a cause of action to enforce the antenuptial agreement so long as the family settlement remains in force. Ordinarily, a court sitting in equity will not order the rescission of a contract where the parties cannot be placed in the status quo ante. Books for Masterpiece Theatre Addicts Wallace Yovetich November 7, … On January 12, 1990, the circuit court granted defendant's section 2-615 motion to strike and dismiss the complaint, and granted plaintiffs leave to file an amended complaint. Now-a-days she watches a bit more TV, and considers sitting on the porch swing (with her laptop) “playing outside”. On April 27, 1988, counsel for Mrs. Yovetich orally advised counsel for plaintiffs that Mrs. Yovetich had, in fact signed the April 26, 1988 letter and that the signed copy would be delivered to plaintiff as soon as the property transfers were completed. Plaintiffs' complaint does not raise a single allegation demonstrating that the defendant has engaged in conduct which goes beyond the bounds of decency. Plaintiffs alleged that pursuant to the family settlement agreement Mrs. Yovetich promised to disclaim all interest in the decedent's pension and profit sharing benefits, but refused to perform this obligation.
(See 20 C.F.R. section 404.640.)
However, we need not accept unsupported conclusions of fact or law which appear in the complaint. Apparently, shortly after the family settlement agreement was executed, but prior to the completion of all the terms of *1124 the agreement, Mrs. Yovetich applied for social security death benefits for her minor son, Theodore, without plaintiff's knowledge. CourtListener is sponsored by the non-profit Free Law Project.
In December of 1988, after numerous additional communications between the parties, Mrs. Yovetich did take action to withdraw the claim for social security benefits on behalf of her son.
Count I of the amended complaint sought rescission of the family settlement agreement based upon failure of consideration; count II sought rescission based upon a mistake of fact; count III sought damages for breach of contract; count IV was an action by plaintiff Diana Wilkonson, individually, for intentional infliction of emotional distress; and count V sought specific performance of the antenuptial agreement. Pursuant to the family settlement agreement, the defendant agreed to waive all claims to probate and nonprobate assets which were not specifically transferred to her by the agreement.
He is the son of Gene Yovetich (father) and Diana Wallace Yovetich (mother). 1991, ch.
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