Waters v. Waters
Illinois Supreme Court
Appear from the Circuit Court of Stephenson county; the Hon. R. S. Farrand, Judge, presiding. This is a bill in chancery, brought by the appellees to contest the will of their mother, Mary Waters, late of Stephenson county. The bill was filed in the circuit court of Stephenson county by the appellees, two of the children of Mary Waters, against the other three children and the executor of the estate, as defendants.
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Appear from the Circuit Court of Stephenson county; the Hon. R. S. Farrand, Judge, presiding. This is a bill in chancery, brought by the appellees to contest the will of their mother, Mary Waters, late of Stephenson county. The bill was filed in the circuit court of Stephenson county by the appellees, two of the children of Mary Waters, against the other three children and the executor of the estate, as defendants. The prayer of the bill is, that the will of Mary Waters, and the probate thereof, be set aside upon the alleged grounds that, at the time of the making of the will, Mary Waters was…
1Opinion of the Court
Per Curiam :
First■—The will in this case is attacked upon the two alleged grounds that the testatrix, at the time of making the will, was not of sound mind and memory, and was subject to undue influence exercised over her by her daughters, Emma L. Waters and Lydia J. Stockberger.
After a careful examination of this record and of all the testimony in it, we are obliged to conclude that a finding that testatrix, at the time of executing the instrument in question, did not possess the requisite mental capacity to make a valid will, is against the manifest preponderance of all the evidence in this…
2Cases cited10 opinions
- Dickie v. CarterIllinois Supreme Court · 1866
- Woodman v. Illinois Trust & Savings BankIllinois Supreme Court · 1904
- Harp v. ParrIllinois Supreme Court · 1897
- Purdy v. HallIllinois Supreme Court · 1890
- Freeman v. EaslyIllinois Supreme Court · 1888
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3Cited by35 opinions
- Swenson v. WintercornAppellate Court of Illinois · 1968
- Ditton v. HartIndiana Supreme Court · 1911
- In Re Knutson's WillOregon Supreme Court · 1935
- Dowie v. SuttonIllinois Supreme Court · 1907
- In Re Allen's Estate.Michigan Supreme Court · 1925
30 more not listed; retrieve them via the Exa API.