Fearn v. Postlethwaite
Illinois Supreme Court
Appeal from the Circuit Court of Montgomery county; the Hon. A. M. Rose, Judg-e, presiding. On the 5th day of February, 1908, Elizabeth Wallwork, of Montgomery county, Illinois, executed her last will and testament. William Fearn was appointed sole executor without bond, and E. B. Appleton and Alice E. Fearn subscribed said will as attesting witnesses.
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Appeal from the Circuit Court of Montgomery county; the Hon. A. M. Rose, Judg-e, presiding. On the 5th day of February, 1908, Elizabeth Wallwork, of Montgomery county, Illinois, executed her last will and testament. William Fearn was appointed sole executor without bond, and E. B. Appleton and Alice E. Fearn subscribed said will as attesting witnesses. On July 19, 1908, Elizabeth Wallwork, the testatrix, died, and afterwards, at the July term, 1908, of the county court .of Montgomery county, the said William Fearn presented his petition praying that the said last will and testament of said…
1Opinion of the CourtChief Justice Farmer
The sole question to be determined is whether the wife of a man named as executor of a will is a competent witness to attest the will.
Section 2 of chapter 148 of our statutes requires that all wills, testaments and codicils shall be attested in the presence of the testator or testatrix “by two or more credible witnesses.” The word “credible,” as here used, means competent, (Gump v. Gowans, 226 Ill. 635; Harp v. Parr, 168 id. 459;) and the credibility or competency of an attesting witness is to be tested at the time of the execution of the will, and not when it is presented for probate. (Gump…
2Cases cited7 opinions
- Wickes v. WaldenIllinois Supreme Court · 1907
- Mitchinson v. CrossIllinois Supreme Court · 1871
- Sloan v. SloanIllinois Supreme Court · 1900
- Jones v. GrieserIllinois Supreme Court · 1909
- Fisher v. SpenceIllinois Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- Scott v. O'Connor-CouchIllinois Supreme Court · 1915
- Smith v. GoodellIllinois Supreme Court · 1913
- In Re Estate of WeaverAppellate Court of Illinois · 1977
- Rowlett v. MooreIllinois Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.