Smith v. Henline
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This is a bill, filed by the appellees as heirs of one David Henline, deceased, against the appellants, Delilah Smith and Paulina Smith, and one Shelton Smith, executor, and others, as defendants below, to set aside the will and codicil of the said David Henline. The bill was answered by the defendants, and replication was filed to the answer.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This is a bill, filed by the appellees as heirs of one David Henline, deceased, against the appellants, Delilah Smith and Paulina Smith, and one Shelton Smith, executor, and others, as defendants below, to set aside the will and codicil of the said David Henline. The bill was answered by the defendants, and replication was filed to the answer. The bill sought to set aside the will and codicil upon the alleged grounds, that the testator was lacking in testamentary capacity, and was subjected to undue…
1Opinion of the CourtJustice Magruder
The decree of the court below was in favor of the present appellants, so far as it held the will of the testator to be valid, and against the appellees, who sought to set aside the will, as well as the codicil. The decree was adverse to the appellants in holding the codicil to be invalid, and setting it aside, but in that respect it was in favor of the appellees. The present appeal, prosecuted by the appellants, seeks to reverse the decree in so far as it holds the codicil to be invalid. The appellees assign no cross-errors in relation to that part of the decree which sustains the will, and…
2Cases cited14 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Shipman v. FurnissSupreme Court of Alabama · 1881
- American Bible Society v. PriceIllinois Supreme Court · 1886
- Calvert v. CarpenterIllinois Supreme Court · 1880
- Harp v. ParrIllinois Supreme Court · 1897
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3Cited by34 opinions
- In Re Estate of HooverIllinois Supreme Court · 1993
- Estate of CasparCalifornia Supreme Court · 1916
- Dowie v. DriscollIllinois Supreme Court · 1903
- Fischer v. SperlSupreme Court of Minnesota · 1905
- People v. CaseMichigan Supreme Court · 1912
29 more not listed; retrieve them via the Exa API.