Gallagher v. Kilkeary
Appellate Court of Illinois
In ebbob to the Circuit Court of St. Clair County; the Lion. Geo. W. Wall, Judge, presiding. Plaintiffs in error filed their bill in chancery to contest the will of John Kilkeary, who, it appears, was the owner of certain lots in fee simple and a certain leasehold estate in other lots in East St. Louis.
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In ebbob to the Circuit Court of St. Clair County; the Lion. Geo. W. Wall, Judge, presiding. Plaintiffs in error filed their bill in chancery to contest the will of John Kilkeary, who, it appears, was the owner of certain lots in fee simple and a certain leasehold estate in other lots in East St. Louis. The bill charges that on about the 1st April, A. D. 1885, the said John Kilkeary was taken sick with typhoid pneumonia, and that he became delirious from time to time during his illness; that he died about April 21, A. D. 1885; that on the 5th day of April, A. D. 1885, John made a will by…
1Opinion of the Court
Phillips, J,
This bill is filed under Section 7, Chapter 148, Starr & C. Ill. Stat, the proviso to which authorizes this procedure, and is as follows:
“ Provided, however, that if any person interested shall, within three years after the probate of any such will, testament or codicil in the County Court as aforesaid, appear and by his or her bill in chancery contest the validity of the same, an issue at law shall be made up, whether the writing produced be the will of the testator or testatrix or not, which shall be tried by a jury in the Circuit Court of the county wherein such will,'testament…
2Cases cited4 opinions
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Rigg v. WiltonIllinois Supreme Court · 1851
- Ambre v. WeishaarIllinois Supreme Court · 1874
- Potter v. PotterIllinois Supreme Court · 1866
3Cited by1 opinion
- International Trust Co. v. AnthonySupreme Court of Colorado · 1909