Coles v. Terrell
Illinois Supreme Court
Writ of Error to the Circuit Court of Grundy county; the Hon. Charles Blanchard, Judge, presiding. On February 3, 1895, Mary Smith died testate. She left her surviving her husband, Hiram A. Smith, but no children or descendants of children. Defendant in error is executor of her will. By it she made certain provision for her husband, and left the residue of her estate, consisting of both real and personal property, to three nephews.
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Writ of Error to the Circuit Court of Grundy county; the Hon. Charles Blanchard, Judge, presiding. On February 3, 1895, Mary Smith died testate. She left her surviving her husband, Hiram A. Smith, but no children or descendants of children. Defendant in error is executor of her will. By it she made certain provision for her husband, and left the residue of her estate, consisting of both real and personal property, to three nephews. The will was filed for probate in the county court of Grundy county February 11, 1895. On the 25th of the same month Hiram A. Smith executed an instrument in…
1Opinion of the CourtJustice Baker
The'statute requires that the renunciation shall be filed in the office of the clerk of the county court, and entered by the clerk at large upon the records of the court, before it shall become a bar, etc. (Rev. Stat. chap. 41, sec. 13.) Plaintiff in error is entitled to the order prayed for in his petition if the act of Hiram Smith’s attorney in taking the renunciation from the clerk’s office did not destroy the act of filing the same, and we are of opinion that it 'did not.
In Hamilton v. Beardslee, 51 Ill. 478, it was held that to constitute the filing of a paper in a cause it must be…
2Cases cited3 opinions
- Hamilton v. BeardsleeIllinois Supreme Court · 1869
- Hartford Fire Insurance v. VanduzorIllinois Supreme Court · 1869
- Kiser v. HeustonIllinois Supreme Court · 1865
3Cited by11 opinions
- James R. Snyder v. Jack T. NolenCourt of Appeals for the Seventh Circuit · 2004
- Wilkins v. DellenbackAppellate Court of Illinois · 1986
- In Re Estate of DonovanIllinois Supreme Court · 1951
- Lipscomb v. AllenIllinois Supreme Court · 1921
- Ayala v. GoadAppellate Court of Illinois · 1988
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