Shults v. Shults
Illinois Supreme Court
Writ of Error to the Circuit Court of Kane county; the Hon. H. B. Willis, Judge, presiding. This is a bill in chancery to set aside the will of Jeremiah Shults. The only ground that contestant sets up in the bill in support of which any evidence was offered on the hearing is the want of mental capacity in the testator.
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Writ of Error to the Circuit Court of Kane county; the Hon. H. B. Willis, Judge, presiding. This is a bill in chancery to set aside the will of Jeremiah Shults. The only ground that contestant sets up in the bill in support of which any evidence was offered on the hearing is the want of mental capacity in the testator. This question was decided, by the jury against contestant, who has appealed to this court, and urges a reversal because the finding is contrary to the evidence, and the court gave improper instructions for proponent, and because of alleged misconduct of counsel. The testator…
1Opinion of the CourtJustice Vickers
Plaintiff in error insists that the decree dismissing his bill should be reversed because the verdict of the jury is contrary to the preponderance of the evidence on the question of the mental capacity of Jeremiah Shults to execute the will. The theory of plaintiff in error is that the cancerous growth on the testator’s neck had affected the testator’s brain, producing fever and a state of delirium rendering him mentally incapable of transacting any business, and that the will executed under these circumstances should be set aside. It is not claimed that the testator was otherwise affected in…
2Cases cited1 opinion
- Wallace v. DeYoungIllinois Supreme Court · 1881
3Cited by3 opinions
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