Legal Opinion

Johnson v. Farrell

Illinois Supreme Court

Decided June 23, 1905PublishedCited by 12 opinions

Writ or Error to the Circuit Court of Jersey county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill, filed in the circuit court of Jersey county on January 8, 1903, by the plaintiffs in error, Louisa Johnson and George Farrell, against the defendants in error, Mary E. Farrell, Lucy L. Goss, wife of Oscar Goss, Charles H. Farrell, John A. Farrell and Daniel D. Goodell to set aside the probate of the will of one John Farrell, deceased, upon the alleged grounds…

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Writ or Error to the Circuit Court of Jersey county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill, filed in the circuit court of Jersey county on January 8, 1903, by the plaintiffs in error, Louisa Johnson and George Farrell, against the defendants in error, Mary E. Farrell, Lucy L. Goss, wife of Oscar Goss, Charles H. Farrell, John A. Farrell and Daniel D. Goodell to set aside the probate of the will of one John Farrell, deceased, upon the alleged grounds that the testator, at the time of making his will, was not of sound mind and memory, and was unduly influenced by the…

1Opinion of the CourtJustice Magruder

First—The case was submitted to the jury upon the two issues, whether or not the testator, at the time of making his will, was of sound mind and memory, and whether or not he was induced to make the same by undue influence. It is insisted on the part of plaintiffs in error that, upon these issues, the verdict of the jury should have been in favor of the complainants in the court below.

" VYe find no evidence in the record to sustain the charge that the testator was induced to make his will through undue influence of the defendants in error, his second wife and her children. He was an-old man…

2Cases cited15 opinions

  1. Calvert v. CarpenterIllinois Supreme Court · 1880
  2. Ring v. LawlessIllinois Supreme Court · 1901
  3. Meeker v. MeekerIllinois Supreme Court · 1874
  4. East St. Louis Electric Street Railroad v. CauleyIllinois Supreme Court · 1894
  5. Fanning v. RussellIllinois Supreme Court · 1880

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3Cited by12 opinions

  1. People v. WhiteIllinois Supreme Court · 1911
  2. In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
  3. Peacock v. DuboisSupreme Court of Florida · 1925
  4. Tri-City Railway Co. v. GouldIllinois Supreme Court · 1905
  5. City of Chicago v. LedererIllinois Supreme Court · 1916

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