Epling v. Hutton

Citations

• 121 Ill. 555
• 13 N.E. 242

Syllabus

<p>1. Ebbob will not always bevebse—of instructions relating to matters not in issue. When the contestants of a will, by bill in chancery, on the trial abandon all the issues except as to the mental capacity of the testator, and limit all their instructions to that issue, they will not be heard to complain of errors affecting only the issues abandoned on the trial.</p> <p>2. So in such case, there being no evidence as to other grounds than that relating to the testamentary capacity of the testator, errors in instructions relating to the question of undue influence can work no injury, and will afford no ground for the reversal of the decree dismissing the bill.</p>