Elmstedt v. Nicholson
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is a bill in chancery filed in the superior court of Cook county by the residuary legatees of John Elmstedt, deceased, alleging that John Elmstedt died in Cook county, Illinois, on the 10th day of January, 1895; that he left a last will and testament, bearing date April 16, 1894, which was admitted to probate in the probate court of Cook county on the 17th day of January, 1895,…
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Writ of Error to the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is a bill in chancery filed in the superior court of Cook county by the residuary legatees of John Elmstedt, deceased, alleging that John Elmstedt died in Cook county, Illinois, on the 10th day of January, 1895; that he left a last will and testament, bearing date April 16, 1894, which was admitted to probate in the probate court of Cook county on the 17th day of January, 1895, and which will contains the following provisions: “2. Second—-I give, devise and bequeath to my beloved wife, E. Loenna…
1Opinion of the CourtJustice Hand
The first contention made by plaintiff in error is, that the .evidence was not sufficient to justify the court in setting aside the deed from John Elmstedt to his wife on the ground of mental incapacity and undue influence. The evidence is voluminous and conflicting. The chancellor saw and heard the witnesses, knows their manner of testifying while on the stand, and is better qualified than we to judge of the weight to be given to their testimony. In chancery cases, where the evidence is conflicting and heard in open court, the error in finding as to fact should be clear and palpable to…
2Cases cited2 opinions
- Coari v. OlsenIllinois Supreme Court · 1878
- Biggerstaff v. BiggerstaffIllinois Supreme Court · 1899
3Cited by14 opinions
- Dowie v. DriscollIllinois Supreme Court · 1903
- Hunter v. HunterAppellate Court of Illinois · 1905
- Rothenberg v. RothenbergIllinois Supreme Court · 1941
- Garvy v. GarvyAppellate Court of Illinois · 1935
- Coppens v. CoppensIllinois Supreme Court · 1946
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