#### Ane C. Jensen, Appellant, v. Christian Peterson and Axel A. Bauer, Appellees.

Gen. No. 23,738.

(Not to he reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Denis E. Suimvan, Judge, presiding. Heard in this court at the October term, 1917. Certiorari denied by Supreme Court (making opinion final).

Affirmed.

Opinion filed May 13, 1918.

Statement of the Case.

Bill by Ane C. Jensen; complainant, against Christian Peterson and Axel A. Bauer, defendants, to ob*234tain a decree declaring null and void a second trust deed conveying certain premises to secure the payment of a principal note, with interest thereon, for the sum of $2,500. From a judgment dismissing the bill for want of equity, complainant appeals.

Abstract of the Decision.

1. Mortgages, § 56 * — when procurance of trust deed not shown to he fraudulent. There was no fraud in the procurance of a second trust deed from a widow to her interest as sole legatee and distributee in her husband’s estate where before the trust deed was executed the grantee sincerely claimed that the grantor and her husband’s estate were indebted to him, and if the grantee had filed a claim against the estate the wife would have received a smaller sum as her share of the estate.

2. Contracts, § 78* — what is sufficient to support promise. A compromise of a doubtful right is sufficient to support a promise where there is an absence of fraud and both parties act in good faith.

3. Mortgages, § 54* — when execution of trust deed not against best interests of widow. The execution of a trust deed by a widow, who is the sole legatee and distributee of her husband’s estate, to her equity in the estate, for a debt owed by the estate, is not against her best interests where the claim was clearly provable against the estate.

4. Mortgages, § 5* — what constitutes good consideration for trust deed by widow. The failure of the creditor of a husband to file a claim against his estate, after his death, at the request of the wife, affords a good consideration for the execution of a trust deed by the wife on her equity as sole legatee and distributee in the estate.

D. Ryan Twomey, for appellant.

Emil A. Meyer, for appellees.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Dever

delivered the opinion of the court.