Canatsey v. Canatsey
Citations
- 130 Ill. 397
- 22 N.E. 595
Syllabus
<p>1. Pbobate- oe WEBBS—what necessary thereto. To entitle a will to probate, four things must concur: First, it must be in writing, and signed by the testator, or in his presence by some one under his direction; second, it must be attested by two or more credible witnesses; third, two witnesses must prove that they saw the testator sign the will in their presence, or that he acknowledged the same to be his act and deed; and fourth, they must swear that the testator was of sound mind and memory at the time of signing or acknowledging the same.</p> <p>2. Proof of the foregoing facts, in the absence of any proof of fraud, compulsion or other improper conduct, will make a prima facie case entitling the will to probate.</p>
Judges: Magruder, Wilkin
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