Selden v. Illinois Trust & Savings Bank
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is a suit in chancery to contest the will of Daniel B. Shipman, deceased.
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Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is a suit in chancery to contest the will of Daniel B. Shipman, deceased. Shipman died November 22, 1906, and his will was admitted to probate January 11, 1907. After certain specific bequests to various parties the testator devised and bequeathed the remainder of his estate to the Illinois Trust and Savings Bank of Chicago in trust, to take, possess and manage, and pay one-fifth of the net income to the Illinois School of Agriculture and Manual Training School for Boys; one-fifth to the Chicago…
1Opinion of the CourtJustice Farmer
Olive J. Cone, as the only heir-at-law of Daniel B. Ship-man, was a “person interested” at the time of the admission of the will to probate, and as such had a right to, and did, file a bill to contest the will. The important question to be determined is whether upon her death the cause of action survived to her legal and personal representatives.
In this State the right to contest a will in chancery is a right conferred by statute, and independently of the statute no such right has ever been recognized by our courts, though a different rule has prevailed in some States. In Calkins v. Calkins,…
2Cases cited13 opinions
- United States v. PerkinsSupreme Court of the United States · 1896
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Kochersperger v. DrakeIllinois Supreme Court · 1897
- Luther v. LutherIllinois Supreme Court · 1887
- Wolf v. BollingerIllinois Supreme Court · 1872
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3Cited by62 opinions
- Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc.Illinois Supreme Court · 2002
- In Re Estate of BakerCalifornia Supreme Court · 1915
- Wilcox v. BierdIllinois Supreme Court · 1928
- In Re Estate of MeredithMichigan Supreme Court · 1936
- Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
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