Legal Opinion

Trish v. Newell

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 22 opinions

"Writ oe Error to the Circuit Court of Kendall County; the Hon. Edwin S. Leland, Judge, presiding.

1Opinion of the CourtJustice McAllister

This was a bill in equity, brought under the statute of wills, by defendants in error, as husband and wife, the latter being the only heir-at-law of Joseph Wing, deceased, against plaintiffs in error, to set aside what purported to be the last will and testament of said Wing, which had been admitted to probate, on the ground of want of testamentary capacity in him, and for undue influence and fraud exercised and practiced by plaintiffs in error in obtaining its execution.

Answers and replications were filed and an issue made up to be tried at law, whether or not the instrument purporting to be…

2Cases cited1 opinion

  1. Stewart's v. LispenardNew York Supreme Court · 1841

3Cited by22 opinions

  1. Barber's Appeal From ProbateSupreme Court of Connecticut · 1893
  2. Ditton v. HartIndiana Supreme Court · 1911
  3. Kirsher v. KirsherSupreme Court of Iowa · 1903
  4. Donovan v. St. Joseph's HomeIllinois Supreme Court · 1920
  5. Campbell v. CampbellIllinois Supreme Court · 1889

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