Fisher v. Spence
Illinois Supreme Court
Appeal from the Circuit Court of Pulaski county; the Hon. E. W. McCartney, Judge, presiding. On the 25th day of January, 1890, one John A. Fisher made his last will and testament, thereby disposing of all of his real and personal estate to divers persons therein named. The will was witnessed by J. J. Carson and Carrie F. Spence.
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Appeal from the Circuit Court of Pulaski county; the Hon. E. W. McCartney, Judge, presiding. On the 25th day of January, 1890, one John A. Fisher made his last will and testament, thereby disposing of all of his real and personal estate to divers persons therein named. The will was witnessed by J. J. Carson and Carrie F. Spence. Georgia Ann Carson, the wife of the said J. J. Carson, and Thomas W. Spence, the husband of the said Carrie F. Spence, are devisees and legatees under the will. In the county court the collateral heirs of the said John A. Fisher, deceased, resisted the probate-of the…
1Opinion of the Court
Mi’- Chief Justice Baker
delivered the opinion of the Court:
The sole question for consideration is, whether-or not the said J. J. Carson and Carrie E. Spence are competent witnesses to said will as to all devises and bequests therein contained, except the devises and bequests to the said Georgia Ann Carson and Thomas W. Spence, the wife and husband of the said subscribing witnesses to said will. It is admitted that at common law, and without any relinquishment or release by the said Georgia Ann Carson and Thomas W. Spence of the interests in the estate given to them by the will, they would not…
2Cases cited9 opinions
- Richmond v. MooreIllinois Supreme Court · 1883
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1871
- In re NobleIllinois Supreme Court · 1888
- In re probate of the last will of IngallsIllinois Supreme Court · 1893
- Fortune v. BuckSupreme Court of Connecticut · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- Chicago Title & Trust Co. v. BrownIllinois Supreme Court · 1899
- Slingloff v. BrunerIllinois Supreme Court · 1898
- Sloan v. SloanIllinois Supreme Court · 1900
- Fearn v. PostlethwaiteIllinois Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.