Piper v. Andricks
Illinois Supreme Court
Appeal from the Circuit Court of Christian county; the Hon. W. M. Farmer, Judge, presiding. This is an appeal by Orlando Piper, Charles Piper, Ella Bridge and Caroline Messenger from a decree of the circuit court of Christian county setting aside the probate of the last will and testament of Z. R. Piper, deceased.
Read the full summary
Appeal from the Circuit Court of Christian county; the Hon. W. M. Farmer, Judge, presiding. This is an appeal by Orlando Piper, Charles Piper, Ella Bridge and Caroline Messenger from a decree of the circuit court of Christian county setting aside the probate of the last will and testament of Z. R. Piper, deceased. The testator died possessed of personal and real estate of the value of about $20,000. He gave substantially all of his estate to the four appellants, although he left surviving him four other sons and daughters and a number of grandchildren, the children of deceased children. The…
1Opinion of the CourtChief Justice Hand
It is contended the verdict is not supported by the evidence. A large number of witnesses were called who testified they were of the opinion the testator had testamentary capacity, while an equal or greater number testified in their opinion he had not. The jury heard these witnesses testify, and it was pre-eminently within their power to determine which were the more worthy of belief. The trial judge also saw and heard the witnesses and approved of the verdict of the jury. In that state of a record this court will not disturb the verdict unless it is manifestly against the weight of the…
2Cases cited2 opinions
- Bradley v. PalmerIllinois Supreme Court · 1901
- McCommon v. McCommonIllinois Supreme Court · 1894
3Cited by5 opinions
- Carnahan v. HamiltonIllinois Supreme Court · 1914
- Trojcak v. HafligerAppellate Court of Illinois · 1972
- Healea v. KeenanIllinois Supreme Court · 1910
- French v. FrenchIllinois Supreme Court · 1905
- Barnes v. OdumIllinois Supreme Court · 1922