In re probate of the last will of Ingalls

Citations

• 148 Ill. 287
• 35 N.E. 743
• 1893 Ill. LEXIS 1020

Syllabus

<p>1. Will—probate—belief of testator's capacity, at what time. If the attesting witnesses, at the time a will is signed and attested, believe that the testator or testatrix was of sound mind and memory, that will be sufficient to admit the will to probate. The right to probate the will is not dependent upon the belief of the attesting witnesses formed after their attestation.</p> <p>2. Same—probate, a,n ex parte proceeding. The probate of wills in the county court, under our practice, is an ex parte proceeding. Th'e statute contemplates no contest, and requires no citation to the heirs, etc., and the proof necessary to' entitle the will to probate is confined to the particular facts specified by the statute, and the judgment rendered is not an adjudication which is in any degree conclusive of the right of any person interested to contest the will by bill in chancery.</p>