First Presbyterian Church v. Hodge

(dissenting) — I am unable to agree with the majority opinion. It perpetuates an anomalous confusing legal situation which our own statutes seem clearly designed to remove and which judicial thinking should seek a way to avoid. The importance of the question involved justifies, even requires, a statement of the grounds of dissent.

Appellant has litigated in the state of decedent’s domicile the very issue it presents here, viz.: Is the instrument in question her will or did decedent die intestate? The Illinois court held there had been a revocation. In re Barrie’s Will, 393 Ill. 111, 65 N. E.…