Jones v. Abbott
Illinois Supreme Court
AppSae from the Circuit Court of DeWitt county; the Hon. W. G. Cochranj Judge, presiding. This is an appeal from a decree of the circuit court of DeWitt county ordering that the probated will of Daniel H. Hampleman, the ancestor of the parties claiming the real estate involved, be set aside as a cloud on the title of certain of said parties, and finding title in the legal heirs of said Hampleman, ■ appointing commissioners and decreeing partition of the premises and a…
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AppSae from the Circuit Court of DeWitt county; the Hon. W. G. Cochranj Judge, presiding. This is an appeal from a decree of the circuit court of DeWitt county ordering that the probated will of Daniel H. Hampleman, the ancestor of the parties claiming the real estate involved, be set aside as a cloud on the title of certain of said parties, and finding title in the legal heirs of said Hampleman, ■ appointing commissioners and decreeing partition of the premises and a distribution of certain personal property. The matter has been in this court before, (Jokes v. Abbott, 228 Ill. 34,) and the…
1Opinion of the CourtJustice Carter
The main contention of law'raised by appellants is'that certain witnesses were held incompetent whose testimony should have been considered. Under section 2 of chapter 51 (Hurd’s Stat. 1905, p. 1034,) the test'of interest that disqualifies when an heir is a party to the suit is whether the witness would immediately gain or lose by the event of the suit, or whether the verdict could be given in evidence, either for or against him, in another suit. (Feitl v. Chicago City Railway Co. 211 Ill. 279.) Appellants contend in their brief that appellee Ann M. Jones is not in this contest suing or…
2Cases cited8 opinions
- Feitl v. Chicago City Railway Co.Illinois Supreme Court · 1904
- Provart v. HarrisIllinois Supreme Court · 1894
- Onstott v. EdelIllinois Supreme Court · 1908
- Bardell v. BradyIllinois Supreme Court · 1898
- Smith v. SmithIllinois Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Peters v. PetersIllinois Supreme Court · 1941
- Dardano v. First National BankAppellate Court of Illinois · 1970
- In Re Estate of BabcockIllinois Supreme Court · 1985
- Lawndale National Bank v. Kaspar American State BankAppellate Court of Illinois · 1937
- Auerbach v. Continental Illinois National Bank & Trust Co.Appellate Court of Illinois · 1950
5 more not listed; retrieve them via the Exa API.