Sharp v. Sharp
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. Richard M. Skinner, Judge, presiding. This was a bill in chancery filed on the 9th day of January, 1904, in the circuit court of Bureau county, by the appellant, against the appellees, to set aside the will, and the probate thereof, of Robert Sharp, deceased, on the ground of mental incapacity and undue influence.
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Appeal from the Circuit Court of Bureau county; the Hon. Richard M. Skinner, Judge, presiding. This was a bill in chancery filed on the 9th day of January, 1904, in the circuit court of Bureau county, by the appellant, against the appellees, to set aside the will, and the probate thereof, of Robert Sharp, deceased, on the ground of mental incapacity and undue influence. The bill alleged that Robert Sharp executed said will on the 4th day of January, 1902; that he died on the 13th day of the same month; that the will was admitted to probate on the 24th day of February, 1902; that he left him…
1Opinion of the CourtJustice Hand
The bill was filed one year, ten months and fifteen days after the will was admitted to probate, and.the sole question presented to this court for determination is, was the bill filed in time? It has been repeatedly held by this court that a bill in chancery to contest a will and to set aside the probate thereof can only be maintained in this State by virtue of the proviso to section 7 of the Statute of Wills. (Luther v. Luther, 122 Ill. 558; Wheeler v. Wheeler, 134 id. 522; Sinnet v. Bowman, 151 id. 146; Jele v. Lemberger, 163 id. 338; Keister v. Keister, 178 id. 103.) In Chicago Title and…
2Cases cited4 opinions
- Dobbins v. First National BankIllinois Supreme Court · 1884
- Luther v. LutherIllinois Supreme Court · 1887
- Spaulding v. WhiteIllinois Supreme Court · 1898
- Chicago Title & Trust Co. v. BrownIllinois Supreme Court · 1899
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