Cox v. Lynn

Citations

• 138 Ill. 195
• 29 N.E. 857

Syllabus

<p>1. Bum ob beview—when it will lie—decree by consent. Where a will is set aside, on bill to contest its validity, by consent of all the parties, two of whom were minors, incapable of consenting, and under the decree setting aside the will they get the same estate precisely as they would under the will, a bill by an adult party to the prior suit to review and vacate the decree so entered will have no merit, and is subject to demurrer.</p> <p>2. H a decree appearing on its face to have been entered by consent is erroneous as to the infant parties to the suit, it is nevertheless valid and binding as to all the parties who at the time were sui juris. As to the latter the validity of the decree can not be called in question by a bill of review or otherwise.</p> <p>3. A bill of review does not lie to vacate or review a decree entered by consent, unless the consent of the par.ties was obtained by fraud or mistake.</p> <p>4. Same—requisites. It is indispensably necessary to the sufficiency of a bill of review that a copy of the bill, answer, replication and decree in the proceedings sought to be reviéwed should be given. A mere synopsis of those papers is not sufficient.</p> <p>5. Do web—failure of widow to renounce under will—will set aside impart. Where a widow fails to renounce under her husband’s will, which contains bequests and devises in her favor, her dower will be barred under the statute, although the will may be subsequently set aside by a decree entered by consent, in respect to a part of the lands devised.</p>