Senn v. Gruendling

John Senn, of St. Clair county, died on March 6, 1904, leaving no widow or child, and his heirs-at-law were his brothers and sisters, nieces and nephews. On March 9, 1904, the appellee, who was named as executor in an instrument purporting to be the last will of John Senn, filed his petition in the county court for the probate 'of said instrument as such will. Probate was denied and petitioner appealed to the circuit court. After the evidence was heard in the circuit court, but before judgment, the court, on motion of the petitioner, dismissed the proceeding and granted leave to withdraw the…