Fry v. Morrison
Illinois Supreme Court
Appeal from the Circuit Court of Greene county; the Hon. George W. Herdman, Judge, presiding. On the 15th day of May, 1884, appellant’s wife, Julia W. Fry, made her last will and testament, in which she gave, devised and bequeathed unto her husband all her estate, both real and personal, of every description.
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Appeal from the Circuit Court of Greene county; the Hon. George W. Herdman, Judge, presiding. On the 15th day of May, 1884, appellant’s wife, Julia W. Fry, made her last will and testament, in which she gave, devised and bequeathed unto her husband all her estate, both real and personal, of every description. Afterward, on June 22, 1887, Mrs. Fry, it is claimed by appellee, executed a codicil to her will, iu which she gave, devised and bequeathed unto appellee the sum of $150 per year as long as appellee should live, to be paid to her annually out of the testatrix’s estate. On December 31,…
1Opinion of the CourtJustice Phillips
Appellant’s first contention is, the codicil upon which appellee bases her claim to an annuity was not duly proved and admitted to probate. It is provided by section 2 of the Statute of Wills, that all wills, testaments and codicils by which lands, annuities, etc., are devised, shall'be reduced to writing, and signed, etc., in the presence of two or more witnesses attesting the same, two of whom, declaring on oath before the proper court, etc., “shall be sufficient proof of the execution of said will, testament or codicil to admit the same to record.” We have held: “To entitle a will to…
2Cases cited3 opinions
- Dickie v. CarterIllinois Supreme Court · 1866
- Gorham v. DodgeIllinois Supreme Court · 1887
- Maxwell v. MaxwellIllinois Supreme Court · 1884
3Cited by25 opinions
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- In re Estate of BoyarIllinois Supreme Court · 2013
- Washington Loan & Trust Co. v. Convention of Protestant Episcopal Church of the Diocese of WashingtonCourt of Appeals for the D.C. Circuit · 1923
- Crawford v. BriantCourt of Appeals for the Tenth Circuit · 1931
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