Heirs of Critz v. Pierce

Citations

• 106 Ill. 167
• 1883 Ill. LEXIS 156

Syllabus

<p>1. Will—probate of will—sufficiency of proof. 'Where a will is properly signed by the maker and two attesting witnesses, both of the witnesses testifying they were present and saw the testator sign the will in their presence, and that they believe he was of, sound mind and memory at the time of executing it, this, in the absence of proof of any fraud, compulsion, or other improper conduct, is sufficient to make out a prima facie case, and entitle the will to probate.</p> <p>2. Same—evidence admissible in opposition to probate. In a proceeding to probate a will, on appeal to the circuit court the contestants may introduce any evidence tending to show there was fraud, compulsion, or improper conduct connected with its execution, that will invalidate or destroy the same; and when the proponent of the will has been appointed conservator of the testator before the date of the proposed will, and continued as such up to the testator’s death, the fact, and the inquest resulting in the appointment of the proponent, and other evidence as to insanity, may, it seems, be received upon the question of fraud, compulsion, or other improper conduct, but not to establish the distinct and independent defence of unsoundness of mind of the testator.</p> <p>3. Same—of the witnesses who may testify in resistance of probate of will—upon the question of sanity. On appeal to the circuit court from an order of the county court refusing to probate a proposed will, the light to go into general evidence of the sanity of the testator, outside of the testimony of the subcribing witnesses, is expressly limited to those “seeking probate,” while the parties resisting probate are restricted to the testimony of the subscribing witnesses upon the question of sanity.</p> <p>4. Same—contesting will in chancery—how the right affected by having resisted probate of will—and of the evidence admissible. A party, by appearing and resisting an application to admit a will to probate in the county court, or in