England v. Fawbush
Illinois Supreme Court
Writ of Error to the Circuit Court of Menard county; the Hon. Thomas Mehan, Judge, presiding. This is a bill, filed in the circuit court of Menard county on the 18th day of June, 1902, by the defendant in error, Mattie S. Fawbush, against the plaintiffs in error, Perry Joseph England, Maranda Miller, Mary Sheneman and Perry Joseph England, executor of the last will of Jesse England, deceased, for the purpose of setting aside the last will and testament of said Jesse England.
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Writ of Error to the Circuit Court of Menard county; the Hon. Thomas Mehan, Judge, presiding. This is a bill, filed in the circuit court of Menard county on the 18th day of June, 1902, by the defendant in error, Mattie S. Fawbush, against the plaintiffs in error, Perry Joseph England, Maranda Miller, Mary Sheneman and Perry Joseph England, executor of the last will of Jesse England, deceased, for the purpose of setting aside the last will and testament of said Jesse England. The bill alleged that the testator was of unsound mind and memory when the will was made, and was under the improper…
1Opinion of the CourtJustice Magruder
The bill in this case seeks to set aside the will of the testator upon the ground that at the time of its execution he was not of sound mind and memory, and also upon the ground that his son, Perry Joseph England, exercised an undue influence over him, so that the execution of the will was not his own act.
A large amount of testimony was taken upon the question, whether or not the testator was of sound mind and memory when he made his will. Nearly all this testimony has reference to the condition or state of the testator’s mind, as shown by his actions and expressions prior to his last…
2Cases cited9 opinions
- Dickie v. CarterIllinois Supreme Court · 1866
- Purdy v. HallIllinois Supreme Court · 1890
- Ring v. LawlessIllinois Supreme Court · 1901
- Rutherford v. MorrisIllinois Supreme Court · 1875
- Yoe v. McCordIllinois Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Belfield v. CoopIllinois Supreme Court · 1956
- Mitchell v. Van ScoykIllinois Supreme Court · 1953
- Ginsberg v. GinsbergIllinois Supreme Court · 1935
- Meier v. BuchterSupreme Court of Missouri · 1906
- Dowie v. SuttonIllinois Supreme Court · 1907
16 more not listed; retrieve them via the Exa API.