Campbell v. Campbell
Illinois Supreme Court
Writ of Error to the Circuit Court of Jersey county; the Hon. George W. Herdman, Judge, presiding. Dr. C. W. Enos, being the executor named in the will, and being specifically charged in the bill with fraudulent action in obtaining the pretended execution of the will, was properly made a defendant. Being interested in the object of this suit, he was a necessary party. Story’s Eq. Pl. 76, 76 a. Enos being originally a proper party defendant, was not a competent witness.
Read the full summary
Writ of Error to the Circuit Court of Jersey county; the Hon. George W. Herdman, Judge, presiding. Dr. C. W. Enos, being the executor named in the will, and being specifically charged in the bill with fraudulent action in obtaining the pretended execution of the will, was properly made a defendant. Being interested in the object of this suit, he was a necessary party. Story’s Eq. Pl. 76, 76 a. Enos being originally a proper party defendant, was not a competent witness. Hurlbut v. Meeker, 104 Ill. 542. The witnesses Rachel Williamson, Mary A. Sweeney and Genevieve Smith were all competent…
1Opinion of the CourtChief Justice Shope
This was a bill in chancery, by Euth Campbell and others, heirs-at-law of Joshua Neely, deceased, to set aside his will, upon two grounds,—want of. testamentary capacity of the deceased, and that undue influence had been practiced by Charles W. Enos and others, to induce the testator to execute the supposed will.
By the will, Dr. Enos was appointed executor, and also trustee, in respect of some of the land devised, and given large discretionary powers in respect of the application of the proceeds of the estate devised to him in trust. He reftised to qualify as executor, and after this bill was…
2Cases cited15 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clark v. FisherNew York Court of Chancery · 1828
- Stewart's v. LispenardNew York Supreme Court · 1841
- Roe v. TaylorIllinois Supreme Court · 1867
- Schneider v. ManningIllinois Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ring v. LawlessIllinois Supreme Court · 1901
- Francis v. WilkinsonIllinois Supreme Court · 1893
- People v. DavisAppellate Court of Illinois · 1976
- Owen v. CrumbaughIllinois Supreme Court · 1907
- Wetzel v. FirebaughIllinois Supreme Court · 1911
23 more not listed; retrieve them via the Exa API.