Hutchinson v. Hutchinson
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. Thomas Hutchinson died in Chicago on December 2, 1887. He left him surviving no widow or children, or descendants of children. His next of kin were two brothers, Georg'e Hutchinson and James A. Hutchinson, and each of these brothers had children.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. Thomas Hutchinson died in Chicago on December 2, 1887. He left him surviving no widow or children, or descendants of children. His next of kin were two brothers, Georg'e Hutchinson and James A. Hutchinson, and each of these brothers had children. One of the children of James A. Hutchinson was named Thomas Hutchinson, and he had been named for the decedent. The deceased left a last will and testament, dated September 8, 1886,…
1Opinion of the CourtJustice Baker
The testimony produced by the contestant of the will and codicil to establish the mental incapacity of the testator is exceedingly weak and unsatisfactory, so much so that even if the case stood alone tapón the evidence so produced, with a verdict of a jury to support it, it is matter of grave doubt whether a decree invalidating the will and codicil could be sustained. But when the testimony introduced by the proponents of the will and codicil is considered along with that above mentioned, it seems to us that the testamentary capacity of the testator, and that he was of sound mind and memory…
2Cases cited4 opinions
- Constant v. MattesonIllinois Supreme Court · 1859
- Wilbur v. WilburIllinois Supreme Court · 1891
- Smith v. SmithIllinois Supreme Court · 1873
- Moore v. MossIllinois Supreme Court · 1852
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- Falkenthal v. Public Building CommissionAppellate Court of Illinois · 1982
- Dixon v. PeopleIllinois Supreme Court · 1897
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