Hess v. Killebrew
Illinois Supreme Court
Appeal from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. This is an appeal from a decree of the circuit court of Pike county, rendered at the June, term, 1903, setting aside an instrument dated January 18, 1902, which had been admitted to probate in that county as the will of Levi Killebrew, deceased, who departed this life on the 26th day of January, 1902, leaving as bis heirs-at-law his children Finis Killebrew, William Killebrew, Zerilda…
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Appeal from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. This is an appeal from a decree of the circuit court of Pike county, rendered at the June, term, 1903, setting aside an instrument dated January 18, 1902, which had been admitted to probate in that county as the will of Levi Killebrew, deceased, who departed this life on the 26th day of January, 1902, leaving as bis heirs-at-law his children Finis Killebrew, William Killebrew, Zerilda Burbridge, and his grandchildren, Albert Smith, Burton Smith and Francis M. Smith, children of a deceased daughter, who were…
1Opinion of the CourtJustice Scott
It is assigned as error that the court erred in holding that the burden of proof was on proponents to show, by a preponderance of the evidence, that the testator was of sound and disposing mind when he made the purported will. Appellant fails to indicate by a reference to the record where any such holding is evidenced. No propositions of law were submitted by either party to be passed upon by the court, and the question under consideration does not seem to arise upon this record.
The other assignments of error may be included in the general statement made by appellant that the finding of the…
2Cases cited2 opinions
- Lane v. LesserIllinois Supreme Court · 1891
- Waugh v. MoanIllinois Supreme Court · 1902
3Cited by7 opinions
- Van Amburg v. ReynoldsIllinois Supreme Court · 1939
- Schumacher v. WolfAppellate Court of Illinois · 1905
- Hurley v. CaldwellIllinois Supreme Court · 1910
- Auto Parts Co. v. RobertsAppellate Court of Illinois · 1915
- Illinois-Indiana Fair Ass'n v. PhillipsAppellate Court of Illinois · 1926
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