Andrews v. Black
Illinois Supreme Court
■Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. At the Hovember Term, 1865, of the probate court of Madison county, the will of one Andrew Black, after full consideration thereof by the court, upon proper proofs, was admitted to probate and record.
Read the full summary
■Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. At the Hovember Term, 1865, of the probate court of Madison county, the will of one Andrew Black, after full consideration thereof by the court, upon proper proofs, was admitted to probate and record. At the same term, one of the devisees under the will, and child and heir-at-law of the said Black, prayed an appeal to the Circuit Court, from the order admitting the said will to probate, which was granted. On the appeal, the will was sustained, whereupon the case was brought to this court by appeal,…
1Opinion of the CourtJustice Lawrence
Cross errors are assigned by counsel in this case, and it is agreed there are but two questions to be considered; first, does an appeal lie from an order of the probate court, admitting a will to probate, and, secondly, if the appeal lies can any evidence be heard on the question of sanity except that of the subscribing witnesses ?
The 138th section of the statute of wills, provides that, “ appeals shall be allowed from all judgments, orders or decrees of the court of probate to the Circuit Court.” That the admitting or refusing to admit a will to probate is a judgment, order or decree, cannot…
2Cited by19 opinions
- People v. MorganIllinois Supreme Court · 1986
- Harp v. ParrIllinois Supreme Court · 1897
- Hobart v. HobartIllinois Supreme Court · 1895
- Thompson v. OwenIllinois Supreme Court · 1898
- In re NobleIllinois Supreme Court · 1888
14 more not listed; retrieve them via the Exa API.