Legal Opinion

Robinson v. Brewster

Illinois Supreme Court

Decided March 26, 1892PublishedCited by 29 opinions

Writ of Error to the Circuit Court of Macon county; the Hon. S. P. Vail, Judge, presiding. Phis is a bill filed in the Circuit Court of Macon County on April i, 1890, by Joseph C. Robinson and Margaret McRob■erts, children of Joseph Robinson, deceased, against Eliza J. Brewster and Christopher C. Robinson, also children of. said deceased, and Casper Elwood, administrator with the will annexed of the estate of said Joseph Robinson, for the purpose ■of setting aside the will…

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Writ of Error to the Circuit Court of Macon county; the Hon. S. P. Vail, Judge, presiding. Phis is a bill filed in the Circuit Court of Macon County on April i, 1890, by Joseph C. Robinson and Margaret McRob■erts, children of Joseph Robinson, deceased, against Eliza J. Brewster and Christopher C. Robinson, also children of. said deceased, and Casper Elwood, administrator with the will annexed of the estate of said Joseph Robinson, for the purpose ■of setting aside the will of said Joseph Robinson. Eliza J. Brewster and the administrator answered the bill, but Chrisiopher C. Robinson failed to…

1Opinion of the CourtChief Justice Magruder

First, as to the execution of the instrument admitted to probate as the will of Joseph Robinson, deceased. There is a concurrence of the four requisites which have been held to be necessary in order to entitle a will to probate. (Canatsey v. Canatsey, 130 Ill. 397). 1. The instrument is in writing and was signed by Joseph Robinson. McClellan swears, that lie saw Robinson make his mark, and a signature is just as effective where the testator makes his mark, as where he signs his name. (Doran v. Mullen, 78 Ill. 342). 2. The instrument is attested by two credible witnesses, McClellan and Post.…

2Cases cited7 opinions

  1. Dickie v. CarterIllinois Supreme Court · 1866
  2. Keithley v. StaffordIllinois Supreme Court · 1888
  3. Badgley v. VotrainIllinois Supreme Court · 1873
  4. Doran v. MullenIllinois Supreme Court · 1875
  5. Johnson v. YanceySupreme Court of Georgia · 1856

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Williams v. MilesNebraska Supreme Court · 1903
  2. Will of Hull v. HullSupreme Court of Iowa · 1902
  3. Hobart v. HobartIllinois Supreme Court · 1895
  4. State v. SavreSupreme Court of Iowa · 1905
  5. Heaston v. KriegIndiana Supreme Court · 1906

24 more not listed; retrieve them via the Exa API.

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