Purdy v. Hall
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Egbert Jamieson, Judge, presiding. Appellant filed her hill of complaint in the Superior Court of Cook county, in which she alleged, that on August 8, 1888, Loammi Hall, since deceased, executed an instrument in writing, which purported to be his last will and testament, and died on or about August 14, 1888, and that on August 18, 1888, said will was probated in the probate court of Cook county.
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Appeal from the Superior Court of Cook county; the Hon. Egbert Jamieson, Judge, presiding. Appellant filed her hill of complaint in the Superior Court of Cook county, in which she alleged, that on August 8, 1888, Loammi Hall, since deceased, executed an instrument in writing, which purported to be his last will and testament, and died on or about August 14, 1888, and that on August 18, 1888, said will was probated in the probate court of Cook county. The names of the heirs-at-law that the deceased left him surviving were given in the bill, and the will was set out therein verbatim. The object…
1Opinion of the CourtJustice Baker
With reference to the statutory proceeding to contest, by bill in chancery, the validity of a will, it is expressly stated in the statute (Rev Stat. 1874, chap. 148, sec. 7,) that the issue shall be tried by a jury; and it follows, that in regard to the action of the court in taking the case from the jury and directing a verdict against the contestant, the same rule must be applied that obtains in respect to trials in suits at law. The rule in actions at law is, that when the evidence given at the trial, with all the inferences that could justifiably be drawn from it, is so insufficient to…
2Cases cited7 opinions
- Rigg v. WiltonIllinois Supreme Court · 1851
- Phillips v. DickersonIllinois Supreme Court · 1877
- Keithley v. StaffordIllinois Supreme Court · 1888
- Flinn v. OwenIllinois Supreme Court · 1871
- Holloway v. GallowayIllinois Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
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- Dibble v. WinterIllinois Supreme Court · 1910
- Egbers v. EgbersIllinois Supreme Court · 1898
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