Harp v. Parr
Illinois Supreme Court
Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This is a bill in chancery, filed on June 23, 1894, by plaintiffs in error to contest the will of Samuel D. Win-get, who died in McLean county on July 9, 1891, leaving a widow, Hannah M. Winget, and no child or descendant. One of the plaintiffs in error is a nephew, one is a brother, one is a sister, and one is a brother-in-law of the deceased testator.
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Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This is a bill in chancery, filed on June 23, 1894, by plaintiffs in error to contest the will of Samuel D. Win-get, who died in McLean county on July 9, 1891, leaving a widow, Hannah M. Winget, and no child or descendant. One of the plaintiffs in error is a nephew, one is a brother, one is a sister, and one is a brother-in-law of the deceased testator. Letters testamentary were issued to the said Hannah M. Winget, the executrix named in the will, who acted as such until her death on April 25,…
1Opinion of the CourtJustice Magruder
First—The first question in the case is, whether or not the testator was of sound mind and memory when he executed the will in question. This was a question of fact to be determined by the jury upon the evidence under the instructions of the court. We have carefully examined the evidence, and find no reason to disturb the verdict and judgment below so far as this question is concerned. It was peculiarly within the province of the jury to decide upon the testamentary capacity of the deceased; and their verdict was clearly correct. Some of the witnesses say, that the testator complained at…
2Cases cited17 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Roe v. TaylorIllinois Supreme Court · 1867
- Rigg v. WiltonIllinois Supreme Court · 1851
- Purdy v. HallIllinois Supreme Court · 1890
- Hobart v. HobartIllinois Supreme Court · 1895
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3Cited by42 opinions
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- Ditton v. HartIndiana Supreme Court · 1911
- Wiley v. GordonIndiana Supreme Court · 1914
- In Re Estate of CullbergCalifornia Supreme Court · 1915
- Waters v. WatersIllinois Supreme Court · 1906
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