Legal Opinion

In re Probate of Will of Barry

Illinois Supreme Court

Decided December 20, 1905PublishedCited by 27 opinions

Appeal from the Circuit Court of Brown county; the Hon. A. Akers, Judge, presiding.

1Opinion of the Court

Per Curiam :

The county court of Brown county refused to probate the instrument in controversy as the last will and testament of Anna L. Barry, and an appeal was taken to the circuit court of that county from the order of the county court denying the petition for probate. The law is well settled that upon the trial in the circuit court of an appeal from an order of the county court refusing to probate a will, the proponents may prove the execution of the will and the sanity of the testator by any evidence competent to establish a will in chancery, and that while they are required to produce…

2Cases cited2 opinions

  1. Gould v. Chicago Theological SeminaryIllinois Supreme Court · 1901
  2. Webster v. YortyIllinois Supreme Court · 1902

3Cited by27 opinions

  1. Yess v. YessIllinois Supreme Court · 1912
  2. Sears v. VaughanIllinois Supreme Court · 1907
  3. Teter v. SpoonerIllinois Supreme Court · 1922
  4. Kubisz v. JohnsonAppellate Court of Illinois · 1975
  5. Conway v. ConwayIllinois Supreme Court · 1958

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