Legal Opinion

Williams v. Williams

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 11 opinions

Appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is a bill, filed on July 1, 1902, by Annie D. Williams, the widow of John M. Williams, deceased, and Alan H. Williams, an infant son of said John M. Williams, deceased, suing by his next friend, to set aside the will of the said John M. Williams, deceased, upon the alleged ground that the testator was not of sound mind and memory at the time of making his will, but was of such great…

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Appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is a bill, filed on July 1, 1902, by Annie D. Williams, the widow of John M. Williams, deceased, and Alan H. Williams, an infant son of said John M. Williams, deceased, suing by his next friend, to set aside the will of the said John M. Williams, deceased, upon the alleged ground that the testator was not of sound mind and memory at the time of making his will, but was of such great age and infirmity, and his mind and memory were so impaired, as to render him wholly incapable of making a just and proper…

1Opinion of the CourtJustice Magruder

Two questions are submitted for the decision of this court by the present record. The first question relates to the power of a court of chancery to authorize the settlement pf a suit, brought by a minor to set aside a will, upon terms which, in the opinion of the court, are advantageous to the minor. The second question is, whether the compromise, which has been approved by the lower court in the present case, was for the best interests of the minor, Alan H. Williams.-

First—It is well settled, that courts of chancery exercise a superintendence over infants and their property as a branch of…

2Cases cited5 opinions

  1. Hale v. HaleIllinois Supreme Court · 1893
  2. Ames v. AmesIllinois Supreme Court · 1894
  3. Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. HaleyIllinois Supreme Court · 1897
  4. King v. KingIllinois Supreme Court · 1853
  5. Reynolds v. BrandonTennessee Supreme Court · 1871

3Cited by11 opinions

  1. Reynolds Ex Rel. Cannon v. ReynoldsSupreme Court of North Carolina · 1935
  2. Metzner v. NewmanMichigan Supreme Court · 1923
  3. Stephens v. CollisonIllinois Supreme Court · 1916
  4. Witek v. Leisure Technology Midwest, Inc.Appellate Court of Illinois · 1976
  5. Spencer v. . McCleneghanSupreme Court of North Carolina · 1932

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