Upson v. Davis
Appellate Court of Illinois
Bill to Set Aside the Probate of a Will.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902. This was a bill- in equity by appellants against appellees to contest the validity and set aside the probate of the will, and a codicil thereto, of Cynthia J\£. Cameron, who was and until her death continued to be a resident of Warrensburg, Warren county, New York.
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Bill to Set Aside the Probate of a Will.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902. This was a bill- in equity by appellants against appellees to contest the validity and set aside the probate of the will, and a codicil thereto, of Cynthia J\£. Cameron, who was and until her death continued to be a resident of Warrensburg, Warren county, New York. The property of the decedent at the time of .her death consisted of money on deposit in a bank at Glens Falls, New York, of moneys in…
1Opinion of the CourtJustice Stein
Numerous errors are assigned by appellants, but we do not deem it necessary to consider more than one of them, to wit, whether the Probake Court of this county had jurisdiction to admit the will and codicil to probate.
The testatrix resided in another state and left no property in this state excepting choses in action. . She owned no real estate here. The will was therefore not admissible under section 10 of our statute on Wills (Ch. 148 of Rev. Stat.), which provides for the admission to probate of a will made out of this state “ in any county in this state in which the testator may have been…
2Cases cited16 opinions
- Harris v. LesterIllinois Supreme Court · 1875
- Wilkins v. EllettSupreme Court of the United States · 1883
- Jaques v. HortonSupreme Court of Alabama · 1884
- Payson v. People ex rel. ParsonsIllinois Supreme Court · 1898
- Clark v. ThompsonIllinois Supreme Court · 1868
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3Cited by1 opinion
- Davis v. UpsonIllinois Supreme Court · 1907