Godfrey v. Phillips
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. George W. Thompson, Judge, presiding. This is an appeal from a decree of the circuit court of Knox county setting aside an instrument dated September 20, 1900, and which purported to be the last will and testament of Elizabeth Housh, deceased, and which had been admitted to probate on September 23, 1901. Elizabeth Housh departed this life at the age of ninety-one years, on the 20th day of August, 1901, leaving six…
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Appeal from the Circuit Court of Knox county; the Hon. George W. Thompson, Judge, presiding. This is an appeal from a decree of the circuit court of Knox county setting aside an instrument dated September 20, 1900, and which purported to be the last will and testament of Elizabeth Housh, deceased, and which had been admitted to probate on September 23, 1901. Elizabeth Housh departed this life at the age of ninety-one years, on the 20th day of August, 1901, leaving six children and the descendants of four other children who had predeceased their mother. For many years she resided with her…
1Opinion of the CourtJustice Scott
It is assigned as error that there is a lack of proper parties, for the reason that Mary Harshbarger, a daughter of Elizabeth Housh, died after her mother, and her husband is not a party. It is averred by the answers that this woman left a surviving husband, but it does not so appear from the proof, consequently we cannot say that he survived.
It is urged that the court did not make up any issue at law to be submitted to the jury. Such an issue would have been, whether the instrument of September, 1900, was the last will and testament of Elizabeth Housh, and the objection is, that it was not…
2Cases cited3 opinions
- Keithley v. StaffordIllinois Supreme Court · 1888
- Pingree v. JonesIllinois Supreme Court · 1875
- Shaw v. CampAppellate Court of Illinois · 1894
3Cited by5 opinions
- Bellman v. EpsteinIllinois Supreme Court · 1917
- Jones v. AbbottIllinois Supreme Court · 1908
- Lawndale National Bank v. Kaspar American State BankAppellate Court of Illinois · 1937
- In re the Estate of CrumbakerAppellate Court of Illinois · 1920
- Kersey v. LovellIllinois Supreme Court · 1921