Arnett v. Arnett
Illinois Supreme Court
This was a bill by William B. Arnett, to set aside an alleged nuncupative will of Nathan Arnett, filed in the Circuit Court of Clinton county. Hannah Arnett and Nancy J. Sanders answered, alleging validity of will. Trial by the court on feigned issue at law informally submitted. The evidence consisted solely of two certified copies of the record, and proof of said alleged will in the County Court of Clinton county, which evidence is set out in the opinion of the Court.
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This was a bill by William B. Arnett, to set aside an alleged nuncupative will of Nathan Arnett, filed in the Circuit Court of Clinton county. Hannah Arnett and Nancy J. Sanders answered, alleging validity of will. Trial by the court on feigned issue at law informally submitted. The evidence consisted solely of two certified copies of the record, and proof of said alleged will in the County Court of Clinton county, which evidence is set out in the opinion of the Court. The court found for complainant, and overruled motion for new trial, to which exception was taken at the time.
1Opinion of the CourtCaton, C. J.
We are now called upon, for the first time, to say how far the literal provisions of the statute must be complied with, in the attestation and proof of a nuncupative will. And we appreciate it as a question of very considerable importance, demanding our most cautious consideration. There is no dispute about the facts, for it is agreed by the parties that the record of the probate of the will, constitutes the entire proof in the case; and the only question is, whether the facts thus stated constitute a valid nuncupative will. This is the record and all the proof there is of the will, or its…
2Cited by11 opinions
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