Calkins v. Calkins
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. L. C. Ruth, Judge, presiding. Gilbert Calkins and twenty-two other heirs of Cyrus Calkins filed a bill in chancery in the circuit court of Kane county to contest the will of Cyrus Calkins on the ground that the witnesses, had signed the will in another room and out of the range of vision of the testator.
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Appeal from the Circuit Court of Kane county; the Hon. L. C. Ruth, Judge, presiding. Gilbert Calkins and twenty-two other heirs of Cyrus Calkins filed a bill in chancery in the circuit court of Kane county to contest the will of Cyrus Calkins on the ground that the witnesses, had signed the will in another room and out of the range of vision of the testator. An issue at law was made up and submitted to a jury for trial and a verdict was rendered in favor of the validity of the will. A decree was entered on the verdict of the jury sustaining the validity of the will, to reverse which a writ of…
1Opinion of the CourtJustice Vickers
Conceding that the instrument probated as the will of Cyrus Calkins is invalid as a will for the reasons pointed out by this court when this case was here before, appellants now claim the same interest in the estate on the ground that the invalid will should be held to operate as an equitable assignment. In the view we take of the case as now presented it will not be necessary to decide whether the facts stated in the cross-bill are sufficient to entitle appellants to the relief sought, since whatever equities appellants may have, if any, cannot be adjudicated in the proceeding to contest the…
2Cases cited8 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Gaines v. FuentesSupreme Court of the United States · 1876
- Luther v. LutherIllinois Supreme Court · 1887
- Haywood v. CollinsIllinois Supreme Court · 1871
- Tarver v. TarverSupreme Court of the United States · 1835
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Selden v. Illinois Trust & Savings BankIllinois Supreme Court · 1909
- Stephens v. CollisonIllinois Supreme Court · 1911
- Keal v. RhydderckIllinois Supreme Court · 1925
- Central Illinois Public Service Co. v. Industrial CommissionIllinois Supreme Court · 1920
- Herb v. PitcairnIllinois Supreme Court · 1945
4 more not listed; retrieve them via the Exa API.