Legal Opinion
Henline v. Brady
Appellate Court of Illinois
Decided October 15, 1903PublishedCited by 2 opinions
Bill to Contest a 'Will.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge presiding. Heard in this court at the October term, 1902.
1Opinion of the Court
Mr. Presiding Justice Adams
delivered the opinion of the court.
It is evident from the record that this cause was tried on the theory that it ivas incumbent on appellant to prove the regularity of the proceedings in the Probate Court on the application to admit the will to probate. This theory is erroneous. Rigg v. Wilton, 13 Ill. 15; Tate v. Tate, 89 Ill. 42; Harp v. Parr, 168 Ill. 459; Craig v. Southard, 148 Ill. 37, 43.
In Rigg v. Wilton the court say:
“The issue is to be submitted to the jury as a new; and original question, and determined exclusively upon the evidence introduced before them.…
2Cases cited9 opinions
- Harp v. ParrIllinois Supreme Court · 1897
- Rigg v. WiltonIllinois Supreme Court · 1851
- Craig v. SouthardIllinois Supreme Court · 1893
- Baker v. BakerIllinois Supreme Court · 1903
- Graybeal v. GardnerIllinois Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McLeod v. Andrews & Johnson Co.Appellate Court of Illinois · 1904
- Hunt v. MorrisAppellate Court of Illinois · 1932