O'Brien v. Bonfield
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois county; the Hon. Albert O. Marshall, Judge, presiding. On October 5, 1903, the last will and testament of Mary A. Williams was admitted to probate by the county court of Iroquois county. On October 22, 1903, Michael G. O’Brien, one of the heirs-at-law, appealed from this order of the county court to the circuit court of Iroquois county.
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Appeal from the Circuit Court of Iroquois county; the Hon. Albert O. Marshall, Judge, presiding. On October 5, 1903, the last will and testament of Mary A. Williams was admitted to probate by the county court of Iroquois county. On October 22, 1903, Michael G. O’Brien, one of the heirs-at-law, appealed from this order of the county court to the circuit court of Iroquois county. On March 27, 1904, the appeal was heard de novo by the circuit court, and an order entered admitting the will to probate and directing that it be spread at large upon the records of the circuit court, that a certified…
1Opinion of the CourtJustice Wilkin
The sole question in the case is as to the ruling of the court in sustaining the demurrers and dismissing the bills. A court of equity has no inherent jurisdiction to entertain a bill for the contest of a will. Aside from statutory enactments this jurisdiction is entirely wanting. It therefore follows that any jurisdiction which it may have is by authority of the statute and must be construed in accordance with the terms therein employed. (Jele v. Lemberger, 163 Ill. 338; Storrs v. St. Luke’s Hospital, 180 id. 368; Chicago Title and Trust Co. v. Brown, 183 id. 42; Sharp v. Sharp, 213 id.…
2Cases cited3 opinions
- Wheeler v. WheelerIllinois Supreme Court · 1890
- Sinnet v. BowmanIllinois Supreme Court · 1894
- Jele v. LembergerIllinois Supreme Court · 1896
3Cited by12 opinions
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Schofield v. ThomasIllinois Supreme Court · 1907
- Strachan v. NisbetCourt of Appeals for the Seventh Circuit · 1953
- McGowan v. PaulWisconsin Supreme Court · 1910
- Scott v. Superior CourtCalifornia Court of Appeal · 1932
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