Noble v. Fickes
Illinois Supreme Court
Appeal from the Circuit Court of Carroll county; the Hon. O. E. Heard, Judge, presiding. This is an appeal from the circuit court of Carroll county from a judgment denying probate of an instrument alleged to be a will of John Noble. The instrument offered for probate is in the form of a statutory warranty deed, and purports to convey, in consideration of natural love and affection, 503J2 acres of land in Carroll county to Thomas Noble, son of John Noble.
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Appeal from the Circuit Court of Carroll county; the Hon. O. E. Heard, Judge, presiding. This is an appeal from the circuit court of Carroll county from a judgment denying probate of an instrument alleged to be a will of John Noble. The instrument offered for probate is in the form of a statutory warranty deed, and purports to convey, in consideration of natural love and affection, 503J2 acres of land in Carroll county to Thomas Noble, son of John Noble. The instrument was executed on August 24, 1897, and was duly acknowledged by John Noble and attested by two credible witnesses,—Jacob…
1Opinion of the CourtJustice Vickers
A will is an instrument by which a person makes a disposition of his property to take effect after his death. (1 Jarman on Wills, 26; Schouler on Wills, ,p. 1; 1 Red-field on the Law of Wills,—4th ed.—chap. 2, sec. 2, par. 1; Robinson v. Brewster, 140 Ill. 649.) Under section 2 of our Statute of Wills, to entitle a will to probate four things must concur: First, it must be in writing and signed by the testator, or in his presence by some one under his direction ; second, it must be attested by at least two or more credible witnesses; third, two witnesses must prove that they saw the testator…
2Cases cited10 opinions
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Dickie v. CarterIllinois Supreme Court · 1866
- Cline v. JonesIllinois Supreme Court · 1884
- Robinson v. BrewsterIllinois Supreme Court · 1892
- Clay v. LaytonMichigan Supreme Court · 1903
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- Austin v. First Trust and Savings BankIllinois Supreme Court · 1931
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