Milne v. McFadden

This is a suit to contest the will of Alfred I. Milne filed in the circuit court of Winnebago county. At the close of plaintiff’s evidence the court, on motion of defendants, directed a verdict in favor of the defendants. A decree was entered on the verdict dismissing the complaint for want of equity. The will, if sustained, disposes of a freehold so the cause comes to this court.

Alfred I. Milne died September 20, 1941, leaving the instrument in question which has been admitted to probate as his last will. It bears date December 20, 1940. The will created a life trust for a beneficiary who…