Robinson v. Smith

Mr. Presiding Justice Dadt

delivered the opinion of the court.

This proceeding was filed in the circuit court of DeWitt county to construe the will of John W. Robinson, deceased.

On appeal to the Supreme Court, the cause was transferred to this court on the ground that a freehold was not involved. (Robinson v. Smith, 401 Ill. 475.)

John W. Robinson, a resident of DeWitt county, Illinois, died testate on December 15, 1943, leaving a large amount of real and personal property. One of his heirs was his brother, Harvey W. Robinson, who died on December 21, 1944, a resident of the State of Louisiana,…