White v. Willard
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. Solon Philbrick, Judge, presiding. This is a bill in equity filed in the circuit court of Champaign county by certain devisees under the will of Charles H. Willard, against Ruth A., Ora A. and Grover Cleveland Willard, for the purpose of setting aside two deeds made on May 8, 1905. Three grounds are alleged in the bill as a basis for setting aside the deeds: First—Want of mental capacity in the grantor, Charles H.…
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Appeal from the Circuit Court of Champaign county; the Hon. Solon Philbrick, Judge, presiding. This is a bill in equity filed in the circuit court of Champaign county by certain devisees under the will of Charles H. Willard, against Ruth A., Ora A. and Grover Cleveland Willard, for the purpose of setting aside two deeds made on May 8, 1905. Three grounds are alleged in the bill as a basis for setting aside the deeds: First—Want of mental capacity in the grantor, Charles H. Willard. The master in chancery to whom the cause was referred, and the circuit court, both found against complainants…
1Opinion of the CourtJustice Vickers
The first question to be determined is whether the two deeds in question were delivered in the lifetime of the grantor.
Charles H. Willard was a resident of Champaign county. He died on March 13, 1906, at the age of eighty-four. He had been married twice and had children by both marriages. He had accumulated a considerable estate, consisting of several hundred acres of land and about $30,000 of personal property. At the time of his death he left five children surviving him, namely, Lillie M. White, Franklin D., Samuel, Ora Arthur and Grover Cleveland Willard. He also left a number of…
2Cases cited3 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Cline v. JonesIllinois Supreme Court · 1884
3Cited by21 opinions
- Carter Oil Co. v. McQuiggCourt of Appeals for the Seventh Circuit · 1940
- Hudson v. HudsonIllinois Supreme Court · 1919
- Dempski v. DempskiIllinois Supreme Court · 1963
- Kerner v. PetersonIllinois Supreme Court · 1937
- Ogle v. BarkerIndiana Supreme Court · 1946
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