Smith v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This is a bill, filed on the 18th day of October, 1895, by the collateral heirs of one John Smith, deceased, for the purpose of contesting his will. He died testate on April 9, 1894, leaving no children him surviving, but leaving a widow, named Katherina Smith.
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Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This is a bill, filed on the 18th day of October, 1895, by the collateral heirs of one John Smith, deceased, for the purpose of contesting his will. He died testate on April 9, 1894, leaving no children him surviving, but leaving a widow, named Katherina Smith. His will was executed on March 19, 1894, and was admitted to probate in the county court of Sangamon county, where the testator lived and died on April 9, 1894. The will is very short. By the first item, the testator directs his just debts…
1Opinion of the CourtJustice Magruder
Counsel for appellants in this case seek to reverse the decree of the court below, sustaining the will of the deceased testator, John Smith, upon three grounds:
First—It is claimed, that the court erred in refusing to allow the witness, George Doane, to testify on behalf of the complainants below, who are the appellants here. George Doane was the husband of Salome C. Doane, who was one of the collateral heirs of the deceased, and one of the complainants filing the bill. There was no error in the ruling thus made by the trial court. We have held in a number of cases, that, where any adverse…
2Cases cited7 opinions
- Treleaven v. DixonIllinois Supreme Court · 1886
- Purdy v. HallIllinois Supreme Court · 1890
- Campbell v. CampbellIllinois Supreme Court · 1889
- Gray v. MerriamIllinois Supreme Court · 1893
- Shephard v. RhodesIllinois Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Estate of ShapterSupreme Court of Colorado · 1906
- In Re Estate of MacLeishAppellate Court of Illinois · 1976
- Bellman v. EpsteinIllinois Supreme Court · 1917
- Jones v. AbbottIllinois Supreme Court · 1908
- Kellan v. KellanIllinois Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.