Dickie v. Carter

Citations

• 42 Ill. 376

Syllabus

<p>1. Wills — when entitled to probate. To entitle a will to probate, four things must concur,—first, it must be in writing, and signed by the testator or testatrix, or in his or-her presence, by some one under his or her direction; second, it must be attested by two or more credible witnesses; third, two witnesses must prove that they saw the testator or testatrix sign the will in their presence, or that he or she acknowledged the same to be his or her act and deed, and, fourth, they must swear that they believed the testator or testatrix to be of sound mind and memory at the time of signing and acknowledging the same.</p> <p>3. The statute of wills nowhere malíes the publication of a will necessary, nor does it require any declaration by the party executing it that it is his will; so that the subscribing witness need not know that he has been attesting the execution of a will.</p> <p>3. Sakity—evidence not admissible. Testimony which had reference to the condition of the mind of the testatrix long after she had made a will, and which did not tend to show such unsoundness of mind as would invalidate the writing as her will, was properly rejected.</p> <p>4. Improper ikpltjekces—when may vitiate a will. A person of sound mind and memory can dispose of his property hy will as he may choose. Hence, there must be no fraud or contrivance shown to induce a party to make a will in a particular way; hut, if all is fair, and the result of honest argument and persuasion, or of such influence as one may properly obtain over another, the will must stand.</p> <p>6. Though the devisee may have had improper intercouse with the testatrix, that of itself, however immoral such a relation may he, is not sufficient to invalidate a will in favor of the wrong-doer, if no improper influences are shown to have been exerted to induce the will.</p> <p>6. Pabol decimations cannot be received to invalidate a wiü. As with deeds, so with wills,—the parties making them cannot invalidate them hy t