Prescott v. Ayers

From a decree of the circuit court of Cook county setting aside the will of Albert Covington, the defendants, who were the sole beneficiary and the executor of the will, appealed.

The contestants of the will were James Prescott, his son and six daughters, and the bill stated that James Prescott was the father and his son and daughters were the brother and sisters of the deceased and were his heirs. James Prescott died during the pendency of the suit and before a trial, and upon suggestion of his death the cause proceeded in the name of the remaining complainants.

The bill charged that the…