Dowie v. Sutton
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. Appellees filed their bill in equity to the March term, 1903, of the circuit court of Cook county praying that an instrument in writing that had been admitted to probate as the last will of Frederick Sutton, and the probate thereof, might be set aside and declared null and void and that the estate of Frederick Sutton be distributed as intestate estate. Appellees, who are the heirs-at-law of Frederick Sutton, all reside in New…
1Opinion of the CourtJustice Vickers
First—Counsel for both parties have submitted extended briefs and arguments upon the questions of fact involved in the issue submitted to the jury. Presumably this course is pursued upon the supposition that these questions are open for review in this court. This is a misapprehension of the law applicable to this case. In a proceeding to contest a will by bill in chancery, when the will purports to dispose of real estate or real 'and personal property, the appeal lies direct to this court for the reason that a freehold is involved; but where the will only purports to dispose of personal…
2Cases cited15 opinions
- American Bible Society v. PriceIllinois Supreme Court · 1886
- Calvert v. CarpenterIllinois Supreme Court · 1880
- Dickie v. CarterIllinois Supreme Court · 1866
- Roe v. TaylorIllinois Supreme Court · 1867
- Purdy v. HallIllinois Supreme Court · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Swenson v. WintercornAppellate Court of Illinois · 1968
- Sears v. VaughanIllinois Supreme Court · 1907
- DeHart v. DeHartIllinois Supreme Court · 2013
- Wetzel v. FirebaughIllinois Supreme Court · 1911
- In Re Estate of ErschIllinois Supreme Court · 1963
24 more not listed; retrieve them via the Exa API.