Legal Opinion

Francis v. Wilkinson

Illinois Supreme Court

Decided October 26, 1893PublishedCited by 31 opinions

Appeal from the Circuit Court of Stark county; the Hon. T. M. Shaw, Judge, presiding. This is a bill filed on the 2d day of September, A. D. 1886, by .Charity Francis of Kansas, Rachel Curfman of Kansas and Nancy Cox of Stark County, Illinois, daughters of Solomon Wilkinson, deceased, formerly of Stark County, Illinois, against Sylvester Wilkinson, Alonzo Wilkinson and Newton Wilkinson of said county of Stark, sons of said Solomon Wilkinson, deceased, and Frances Leffler of…

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Appeal from the Circuit Court of Stark county; the Hon. T. M. Shaw, Judge, presiding. This is a bill filed on the 2d day of September, A. D. 1886, by .Charity Francis of Kansas, Rachel Curfman of Kansas and Nancy Cox of Stark County, Illinois, daughters of Solomon Wilkinson, deceased, formerly of Stark County, Illinois, against Sylvester Wilkinson, Alonzo Wilkinson and Newton Wilkinson of said county of Stark, sons of said Solomon Wilkinson, deceased, and Frances Leffler of said county, also'a daughter of said Solomon, and John Leffler, of said county, a son of said Frances Leffler and…

1Opinion of the CourtJustice Maoruder

The grounds, upon which the bill seeks to set aside the deeds, are, first, want of mental capacity, second, the exercise of undue influence. The three daughters of Solomon Wilkinson, who filed the bill, do not claim, that he showed any want of mental capacity until after the death of his wife in the spring of 1871. He was not able to read or write, but there is no testimony on either side, that he was not a vigorous man, both mentally and physically, prior to 1871. Hence, the deed of 160 acres executed in January, 1869, to his son, Sylvester Wilkinson, by Robert B. McChance, and the deed…

2Cases cited12 opinions

  1. Dickie v. CarterIllinois Supreme Court · 1866
  2. Rutherford v. MorrisIllinois Supreme Court · 1875
  3. Meeker v. MeekerIllinois Supreme Court · 1874
  4. Campbell v. CampbellIllinois Supreme Court · 1889
  5. Miller v. MarckleIllinois Supreme Court · 1859

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3Cited by31 opinions

  1. Sears v. VaughanIllinois Supreme Court · 1907
  2. Dowie v. SuttonIllinois Supreme Court · 1907
  3. Taylor v. PegramIllinois Supreme Court · 1894
  4. In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
  5. Peacock v. DuboisSupreme Court of Florida · 1925

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