Legal Opinion

Wright v. Simpson

Illinois Supreme Court

Decided December 16, 1902PublishedCited by 27 opinions

Appear from the Circuit Court of McDonough county; the Hon. John A. Gray, Judge, presiding-. This is a petition, filed on May 9,1901, in the county court of McDonough county by the appellee, Ida Simpson, against the appellants Frances A. Wright, Willis P. Wright, Carley E. Wright, Angie R. Hickman, and Sadie B. Wright, praying that an order, entered by that court on May 1, 1900, probating the last will and testament of Thomas R. Wright, deceased, be set aside; and that a…

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Appear from the Circuit Court of McDonough county; the Hon. John A. Gray, Judge, presiding-. This is a petition, filed on May 9,1901, in the county court of McDonough county by the appellee, Ida Simpson, against the appellants Frances A. Wright, Willis P. Wright, Carley E. Wright, Angie R. Hickman, and Sadie B. Wright, praying that an order, entered by that court on May 1, 1900, probating the last will and testament of Thomas R. Wright, deceased, be set aside; and that a time and place might be fixed when and where the question of the probate of said will might be heard; and that due notice…

1Opinion of the CourtChief Justice Magruder

The petition, filed in this case on May 9, 1901, for the purpose of setting aside the probate of the will of Thomas R. Wright, deceased, was specially demurred to, upon the alleged ground that the county court had no jurisdiction to entertain such petition, or to set aside the probate of the will, but was only clothed with jurisdiction to hear and determine the application for probate; and that the only way to avoid the effect of the order of the probate court, entered on May 1, 1900, admitting the will to probate, was to pursue the remedies, prescribed by the statute for that purpose; that…

2Cases cited8 opinions

  1. McNulta v. LockridgeIllinois Supreme Court · 1891
  2. Harris v. HardemanSupreme Court of the United States · 1853
  3. Colson v. LeitchIllinois Supreme Court · 1884
  4. Ex Parte CrenshawSupreme Court of the United States · 1841
  5. Crane v. BarrySupreme Court of Georgia · 1873

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3Cited by27 opinions

  1. Nicholson v. LeathamCalifornia Court of Appeal · 1915
  2. Schofield v. ThomasIllinois Supreme Court · 1907
  3. James v. FrantzIllinois Supreme Court · 1961
  4. Joliet Trust & Savings Bank v. IngallsAppellate Court of Illinois · 1934
  5. Sternberg v. St. Louis Union Trust Co.Court of Appeals for the Eighth Circuit · 1947

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