Onstott v. Edel
Illinois Supreme Court
Appeal from the Circuit Court of Perry county; the Hon. Charles T. Moore, Judge, presiding. On April 24, 1906, Barbara Onstott, Constance Onstott and Kyle Onstott, appellants, filed their bill (which was later amended) in the circuit court of Perry county against W. F. Edel, John Yehling and William A. Kimmel, appellees, to set aside a deed from Don Onstott to W. E. Edel and a deed from Edel to the other appellees for certain property located in the city of DuQuoin,…
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Appeal from the Circuit Court of Perry county; the Hon. Charles T. Moore, Judge, presiding. On April 24, 1906, Barbara Onstott, Constance Onstott and Kyle Onstott, appellants, filed their bill (which was later amended) in the circuit court of Perry county against W. F. Edel, John Yehling and William A. Kimmel, appellees, to set aside a deed from Don Onstott to W. E. Edel and a deed from Edel to the other appellees for certain property located in the city of DuQuoin, Illinois, and for partition and the assignment of dower. The bill, as amended, alleged that Don Onstott departed this life in…
1Opinion of the CourtJustice Scott
The testimony offered on behalf of the appellants and that introduced by the appellees is in irreconcilable conflict. Don Onstott had. three attacks of paralysis,—the first in January or February, 1900; the second in February, 1903, and the last, which caused his death, in the early part of 1906. The deed in question was made on February 24, 1904, and it is the theory of the appellants that ever after the second attack of paralysis he lacked mental capacity to sell and convey property. After February, 1903, however, he continued to direct his business affairs, being assisted and advised to…
2Cases cited1 opinion
- Wilkinson v. PeopleIllinois Supreme Court · 1907
3Cited by14 opinions
- Ferraro v. TaylorSupreme Court of Minnesota · 1936
- McKey v. McKeanIllinois Supreme Court · 1943
- Flynn v. FlynnIllinois Supreme Court · 1918
- Alexander v. WatsonCourt of Appeals for the Fourth Circuit · 1942
- In Re Torstensen's EstateWashington Supreme Court · 1947
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