Challiner v. Smith

Mr. Chiee Justice Gunn

delivered the opinion of the court:

Elizabeth Couchman died March 5, 1944. She executed her last will and testament on December 15, 1943. The will was probated in the county court of Menard county. The principal beneficiary and executrix of the will was Mabel Smith, a niece of the deceased. On January 13, 1942, she had made and executed a will in which she made the plaintiff, Sam M. Challiner, the principal legatee and executor. He was not one of the heirs-at-law of the deceased. Challiner offered the will of January 13, 1942, for probate, but it was refused because of…