Kaenders v. Montague
Illinois Supreme Court
Appeal from, the Circuit Court of Madison county; the Hon. M. W. Schaefer, Judge, presiding. This is a bill, filed by the appellees, Mary Montague and Ella Cody, against the appellants to set aside the will of Annie Squire, deceased. Answers were filed to the bill by the executors, Kaenders and McNulty, who were also devisees under the will, and by Adelaide F. Beattie, another devisee under the will.
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Appeal from, the Circuit Court of Madison county; the Hon. M. W. Schaefer, Judge, presiding. This is a bill, filed by the appellees, Mary Montague and Ella Cody, against the appellants to set aside the will of Annie Squire, deceased. Answers were filed to the bill by the executors, Kaenders and McNulty, who were also devisees under the will, and by Adelaide F. Beattie, another devisee under the will. The will sought to be set aside bore date September 19, 1896. The question of the validity of the will was submitted to the jury, who returned a verdict finding that the writing produced,…
1Opinion of the CourtJustice Magruder
It is sought to set aside the will attacked by the bill in this case upon the ground of want of testamentary capacity in the testatrix, and upon the ground of the exercise of undue influence over her.
It is assigned as error by the counsel for the appellants, that the verdict of the jury is not sustained by the evidence. At the close of all the testimony the defendants below asked the court to instruct the jury, “that, under the evidence in this case, they must find that the instrument in writing dated September 19, 1896, purporting to be the last will and testament of Annie Squire is the last…
Also in this document: Per curiam.
2Cases cited7 opinions
- American Bible Society v. PriceIllinois Supreme Court · 1886
- Dickie v. CarterIllinois Supreme Court · 1866
- Roe v. TaylorIllinois Supreme Court · 1867
- Harp v. ParrIllinois Supreme Court · 1897
- Goodbar v. LidikeyIndiana Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Mosher v. ThrushIllinois Supreme Court · 1949
8 more not listed; retrieve them via the Exa API.