Epley v. Epley

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellants filed a bill to contest the last will and testament of Jarrett Epley, which was admitted to probate by the county court of Gallatin county. On motion of appellee the court dismissed the bill for want of prosecution at appellants’ costs. The record discloses that the will purports to dispose of real estate of the value of $15,000.

The effect of the order admitting the will to probate was to vest the freehold in the devisees. Craig v. Trotter, 252 Ill. 228-230. The bill sought to cancel and set aside the will and to thereby…