Keithley v. Stafford
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. This was a bill in chancery, brought by Elizabeth James, by William Stafford her conservator, against Arthur Keithley, Nancy Heaton, Alice Heaton, Edmond Heaton and Albert James, to contest the validity of the last will and testament of Edmond Heaton, deceased.
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Appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. This was a bill in chancery, brought by Elizabeth James, by William Stafford her conservator, against Arthur Keithley, Nancy Heaton, Alice Heaton, Edmond Heaton and Albert James, to contest the validity of the last will and testament of Edmond Heaton, deceased. On the 20th day of February, 1887, said Edmond Heaton died, leaving surviving him his daughter Elizabeth James and her son Albert James, and also his daughter-in-law Nancy Heaton, the widow of a deceased son, and her two children Alice and Edmond…
1Opinion of the CourtJustice Bailey
At the trial, Nancy Heaton, one of the defendants and a-legatee under the will, was called as a witness by the complainant to prove the want of testamentary capacity of Edmond Heaton at the time he executed the will. Her testimony was objected to by Keithley, who was a co-defendant and the proponent of the will, as incompetent, which objection was overruled by the court, and the admission of said testimony is now assigned for error.
It is claimed that said witness was incompetent under the provisions of the second section of the statute in relation to evidence and depositions. The first…
2Cases cited7 opinions
- Schneider v. ManningIllinois Supreme Court · 1887
- Rutherford v. MorrisIllinois Supreme Court · 1875
- Meeker v. MeekerIllinois Supreme Court · 1874
- Trish v. NewellIllinois Supreme Court · 1871
- Farrell's Administrator v. Brennan's AdministratrixSupreme Court of Missouri · 1862
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3Cited by21 opinions
- Egbers v. EgbersIllinois Supreme Court · 1898
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- Ring v. LawlessIllinois Supreme Court · 1901
- Dempski v. DempskiIllinois Supreme Court · 1963
- Robinson v. BrewsterIllinois Supreme Court · 1892
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