Szarat v. Schuerr

John J. Szarat died leaving a purported last will and testament which was offered for probate in the probate court of Cook county. That court refused to admit it and an appeal was taken to the circuit court where probate was again denied. The probate court held that the testator had sufficient testamentary capacity to make a will and was under no undue influence, but that the will was not attested by two witnesses in the presence of the testator. The circuit court held likewise. On appeal to this court, the issue of testamentary capacity has been virtually abandoned; and properly so, because…