McDonald v. White
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill in chancery, filed in the circuit court of Sangamon county, to contest the validity of the will of Catherine McDonald, deceased.
Read the full summary
Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill in chancery, filed in the circuit court of Sangamon county, to contest the validity of the will of Catherine McDonald, deceased. Its allegations are substantially as follows: “Tour orators, Thomas F. McDonald and William Kane, respectfully represent unto your Honor that one John McDonald, late of said county, departed this life on or about the first day of December, 1877, testate; that said John McDonald left Catherine McDonald, his widow, and James H. McDonald, Margaret McDonald,…
1Opinion of the CourtJustice Scholfield
Since it is alleged in the bill that Mary White is' in possession of the premises, claiming under the will, the bill can not be sustained as a mere bill to remove a cloud from the title, (Hardin v. Jones, 86 Ill. 313; Gage v. Abbott, 99 id. 366; Gage v. Griffin, 103 id. 41; Gage v. Schmidt, 104 id. 106;) and therefore it only remains to determine whether the bill can be sustained as a bill to contest a will, under section 7, chapter 148, of the Revised Statutes of 1874, entitled “Wills.” We think it very clear that it can not, and that the demurrer to the bill was properly sustained by the…
2Cases cited2 opinions
- Hardin v. JonesIllinois Supreme Court · 1877
- Norton v. TuttleIllinois Supreme Court · 1871
3Cited by21 opinions
- Selden v. Illinois Trust & Savings BankIllinois Supreme Court · 1909
- Ward v. BrownWest Virginia Supreme Court · 1903
- Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
- Ingersoll v. GourleyWashington Supreme Court · 1913
- Storrs v. St. Luke's HospitalIllinois Supreme Court · 1899
16 more not listed; retrieve them via the Exa API.