Rock Island Bank & Trust Co. v. First National Bank

A petition was brought by the administrator of the estate of Mabel Irene Anderson to determine whether the will of Edgar J. Anderson should be renounced. The probate court of Rock Island County denied the petition and this appeal followed. A freehold being involved, this court has jurisdiction on direct appeal.

The sole question presented by this appeal is whether the right to renounce a will is statutory and personal and dies with the surviving spouse. This is a case of first impression, although it is somewhat similar to Kinnett v. Hood 25 Ill.2d 600.

Edgar J. Anderson executed a will on…