Tyler v. Tyler

By this direct appeal review is sought of a decree of the circuit court of De Witt County, setting aside the purported will of one Timothy Tyler upon the ground of mental incapacity. A freehold is involved which gives this court jurisdiction on direct appeal. The complaint filed to contest the will charged mental incapacity, undue influence and forgery. The cause was heard by the court without a jury and, after hearing the evidence of the respective parties, the court found that the testator, at the time of the execution of the said will, was not of sound mind and memory and was not mentally…