Fielding v. Fitzgerald
Illinois Supreme Court
Writ of Error to the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. While the appeal was pending the court of chancery had no jurisdiction to entertain a bill to set aside the will. As soon as the appeal was perfected the order of the county court was vacated and set aside, and the matter would be heard in the circuit court de novo.
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Writ of Error to the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. While the appeal was pending the court of chancery had no jurisdiction to entertain a bill to set aside the will. As soon as the appeal was perfected the order of the county court was vacated and set aside, and the matter would be heard in the circuit court de novo. Rev. Stat. chap. 148, sec. 14; id. chap. 37, sec. 59 ; Poole v. Breese, 114 Ill. 598; Rigg v. Wilton, 13 id. 16; Dodge v. People, 113 id. 493; Luther v. Luther, 122 id. 560; Freeman on Judgments, sec. 328, and note; In re Storey,…
1Opinion of the CourtJustice Scholfield
This was a bill by Ellen Fitzgerald, widow, and certain other persons as heirs-at-law, of Maurice Fitzgerald, deceased, to contest an instrument purporting to be his last will and testament. The hill was filed under the seventh section of chapter 148 of the Eevised Statutes of 1874, entitled “Wills,” and it is, among other things, therein alleged, that the said Maurice made his will and died testate, and that after his death, and “on the 14th day of September, 1888, the will was duly probated in the county court of Sangamon county, by William Fielding, the executor therein named; that the…
2Cases cited1 opinion
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