Legal Opinion

Hayhurst v. Jones

Appellate Court of Illinois

Decided October 14, 1919No. Gen. No. 6,664Published

Appeal from the Circuit Court of Kankakee county; the Hon. Anthub W. DeSelm, Judge, presiding. Heard in this court at the April term, 1919.

1Opinion of the CourtJustice Carnes

Lyman W. Hayhurst, unmarried, a resident of Kankakee county, Illinois, died there November 18, 1916, leaving surviving as his only heirs at law two sisters, Nancy E. Lyons and Clara Jones, and three brothers, John B., Jerome A. and Edward L. Hayhurst, all adults. He left an instrument purporting to be his last will and testament, regular on its face, executed July 10, 1907, and witnessed by Theo. E. Hamilton and Roy Conrad, who were at that date near neighbors of his sister, Nancy E. Lyons, with whom he lived. The attesting clause reads as follows:

“The above instrument, consisting of two…

2Cases cited13 opinions

  1. Goelz v. GoelzIllinois Supreme Court · 1895
  2. Thompson v. OwenIllinois Supreme Court · 1898
  3. Mead v. Trustees of Presbyterian ChurchIllinois Supreme Court · 1907
  4. Stitzel v. MillerIllinois Supreme Court · 1911
  5. Flynn v. FlynnIllinois Supreme Court · 1918

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