Whitmore v. Starks

The executor of the will of Sarah M. Moore, deceased, together with one of her nephews, brought suit in the circuit court of Champaign County to construe the will. The matter was referred to a master, who found the intent of the will to be as represented by the plaintiffs. The court approved the report of the master and a decree was entered construing the will accordingly. Arthur Starks, sole surviving brother of decedent, appeals directly to this court. We have jurisdiction on the ground that a freeheld is involved.

The testatrix died on December 13, 1953, leaving as heirs her brother,…