Rowlett v. Moore

This is a writ of error sued out to review a judgment of the circuit court of Cook county refusing the probate of the last will of Levi Moore, who died testate on the third day of May, 1906. The circuit court refused to admit the will to probate for the reason that Kittie Edna Koethe, one of the subscribing witnesses, was at the time she subscribed said will as a witness the wife of Aaron C. Koethe, who was by the testator nominated as the executor of his will. The sole question presented for our consideration is the correctness of this ruling.

It appears from the record that soon after the…