Elston v. Montgomery
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honore, Judge, presiding. The bill in this case was filed by appellants in the circuit court of Cook county to contest the will of Blanche S. Clarke, deceased. Appellants are children of a deceased brother of the testatrix and her only next of kin and heirs-at-law. The will purports to have been executed August 19, 1874. At that time the testatrix was a married woman living with her husband.
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Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honore, Judge, presiding. The bill in this case was filed by appellants in the circuit court of Cook county to contest the will of Blanche S. Clarke, deceased. Appellants are children of a deceased brother of the testatrix and her only next of kin and heirs-at-law. The will purports to have been executed August 19, 1874. At that time the testatrix was a married woman living with her husband. They never had any children bom to them. Testatrix yvas at the time the owner, it is said by counsel, of property of the value of about…
1Opinion of the CourtChief Justice Farmer
Appellants say in their brief that the grounds of the contest of the will of Blanche S. Clarke are, that the writing offered in evidence was not her will for the reasons “(i) that the will was not signed by her, as required by law; (2) that it was not acknowledged by her in the presence of the subscribing witnesses, as required by law.”
It is contended by appellants that it was incumbent upon appellees to prove that- the signature of the testatrix to the will was in her genuine handwriting, because it recites, “In testimony whereof I have hereunto set my hand and seal.” It is also contended…
2Cases cited8 opinions
- Harp v. ParrIllinois Supreme Court · 1897
- Hobart v. HobartIllinois Supreme Court · 1895
- Gould v. Chicago Theological SeminaryIllinois Supreme Court · 1901
- Sinnott v. RailroadTennessee Supreme Court · 1900
- Webster v. YortyIllinois Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Glos v. SchildbachIllinois Supreme Court · 1931
- Lienweber v. LeSourdIllinois Supreme Court · 1947
- Craig v. WismarIllinois Supreme Court · 1923
- In Re Estate of MurrayIllinois Supreme Court · 1957
- Hayhurst v. JonesAppellate Court of Illinois · 1919