Estate of Beatty v. Western College of Toledo
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. Dorrance Dibell, Judge, presiding. Mary Beatty lived in her lifetime at Dover, Bureau county, Illinois. She died testate on December 7, 1893, at the age of about seventy-four years.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. Dorrance Dibell, Judge, presiding. Mary Beatty lived in her lifetime at Dover, Bureau county, Illinois. She died testate on December 7, 1893, at the age of about seventy-four years. By her will she made Jacob Miller and Darius F. Pay executors, to whom letters testamentary were issued on January 5, 1894, by the county court of Bureau county, where her will was admitted to probate. On March 20,1894, the appellee filed a claim against the estate of Mary Beatty…
1Opinion of the CourtJustice Magruder
In this case, the appellants claim that the note for $7000.00, filed as a claim against the estate of Mary Beatty, was without consideration, and was a mere promise to make a donation or gift to the college of the sum evidenced by said note after the death of the donor, and, as such, was testamentary in its nature, and in violation of the Statute of Wills, and, therefore, of no binding force or validity, and not a legal claim against the estate of the deceased. Appellants also claim, that the sum of $6700.00, represented by the three certificates set forth in the statement preceding this…
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