This is an appeal from a decree of the superior court of Cook County, dismissing for want of equity a complaint which sought to impress certain assets of the estate of Louis Monninger, deceased, with a trust. It was alleged that Monninger and his wife, Anna, had, pursuant to an oral contract, executed mutual and reciprocal wills which, by their terms, were for the ultimate benefit of the plaintiffs. Anna, who is now deceased, survived her husband but allegedly breached her contract by diverting the estate she had received from her husband to persons other than the plaintiffs, by a subsequent will. It was also alleged Page 419 that Monninger, in pursuance of the oral contract, conveyed a summer home to Anna in joint tenancy with himself, which property is also alleged to have been diverted from plaintiffs by a conveyance subsequent to her husbands death. Its recovery is likewise sought in this action thus involving a freehold and giving this court jurisdiction on direct appeal. The master, to whom the cause was referred by the trial court, found that plaintiffs proof failed to establish that Louis and Anna had entered into a definite and binding contract for mutual wills, and recommended dismissal of the complaint. This appeal follows such a decree.