Legal Opinion

Hawhe v. Chicago & Western Indiana Railroad

Illinois Supreme Court

Decided January 19, 1897PublishedCited by 19 opinions

Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This was a bill in chancery brought in the circuit court of Cook county by Arthur J. Hawhe, against the Chicago and Western Indiana Railroad Company and the Wabash Railroad Company, for partition of certain lands and for an accounting. It appears from the record that on or about December 31, 1872, Col.

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Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This was a bill in chancery brought in the circuit court of Cook county by Arthur J. Hawhe, against the Chicago and Western Indiana Railroad Company and the Wabash Railroad Company, for partition of certain lands and for an accounting. It appears from the record that on or about December 31, 1872, Col. Arthur J. Hawhe died testate in Chicago, seized of the premises described in the bill of complaint. On the afternoon preceding his death he executed a will, by which he devised all of his property to his…

1Opinion of the CourtJustice Craig

It is first claimed in the argument by complainant’s solicitor, that the court erred in allowing evidence tending' to prove the condition and character of the testator’s estate; evidence of the testator’s testamentary capacity when he executed the will; evidence that he was residing with his family," consisting of his wife and two children; and also evidence of one of the witnesses to the will that the testator “sat up in the bed and read the will deliberately before he signed it,” and that he died that night.

With reference to the character and condition of the testator’s estate, we find no…

2Cases cited4 opinions

  1. Little v. GilesNebraska Supreme Court · 1889
  2. Bresee v. StilesWisconsin Supreme Court · 1867
  3. Hayward v. LoperIllinois Supreme Court · 1893
  4. Osborn v. Jefferson National Bank of SteubenvilleIllinois Supreme Court · 1886

3Cited by19 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Dollander v. DhaemersIllinois Supreme Court · 1921
  3. Hedlund v. MinerIllinois Supreme Court · 1946
  4. Peet v. PeetIllinois Supreme Court · 1907
  5. Alford v. BennettIllinois Supreme Court · 1917

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