Legal Opinion

Wilcoxon v. Wilcoxon

Illinois Supreme Court

Decided November 9, 1896PublishedCited by 21 opinions

Writ op Error to the Circuit Court of Stephenson county; the Hon. J. H. Cartwright, Judge, presiding. This is a bill by defendant in error, against plaintiffs in error, to set aside a codicil to the last will of Thompson Wilcoxon, deceased, and also to set aside a deed by the said Thompson Wilcoxon and wife conveying certain real property to plaintiffs in error.

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Writ op Error to the Circuit Court of Stephenson county; the Hon. J. H. Cartwright, Judge, presiding. This is a bill by defendant in error, against plaintiffs in error, to set aside a codicil to the last will of Thompson Wilcoxon, deceased, and also to set aside a deed by the said Thompson Wilcoxon and wife conveying certain real property to plaintiffs in error. Complainant in the bill and the defendants Mitchell H. Wilcoxon, Mary D. M. Proctor and Martha E. Lemon are the only children of Thompson Wilcoxon, deceased, and the defendant Cyende Wilcoxon is his widow. In August, 1852, Thompson…

1Opinion of the CourtJustice Wilkin

The ground mainly relied upon by plaintiffs in error for reversal is, that the evidence fails to sustain the finding below. On the issue as to the validity of the codicil the defendants introduced the probate thereof and a large volume of documentary evidence, together with the testimony of some forty witnesses, neighbors, associates and acquaintances of Thompson Wilcoxon, extending over a period of many years prior to the execution of the codicil as well as over the years of his life thereafter, which witnesses testified, with more or less directness, that in their opinion Wilcoxon was…

2Cases cited1 opinion

  1. Dickie v. CarterIllinois Supreme Court · 1866

3Cited by21 opinions

  1. Stephens v. CollisonIllinois Supreme Court · 1911
  2. Hedderich v. HedderichNorth Dakota Supreme Court · 1909
  3. In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
  4. Peacock v. DuboisSupreme Court of Florida · 1925
  5. Conner v. BrownSuperior Court of Delaware · 1938

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