In re probate of the will of Storey

Citations

• 120 Ill. 244
• 11 N.E. 209
• 1887 Ill. LEXIS 845

Syllabus

<p>1. Wills —probate of wills—appeals—parties—trial de novo, etc. The statute gives the right of appeal from orders of the county or probate court allowing or disallowing the probate of any will, to the circuit court of the same county, by any person interested in such will, to he taken in the same time and manner as appeals from justices of the peace, except that the appeal bond and security may be approved by the clerk of the county court, and on the appeal the trial shall be de novo.</p> <p>2. An order of the probate court of Cook county, in allowing or disallowing the probate of a will of a deceased person, is final and conclusive, unless, on appeal, in the time and in the manner provided by statute, it shall be reversed by the judgment of the circuit court. But that court can not try the case de novo, except when it is brought before it according to law.</p> <p>3. All persons interested in the will of a deceased person have the statutory right to appeal from an order of the county or probate court refusing to admit such will to probate. Such persons may appeal jointly or separately. The giving and approval of the appeal bonds divest the jurisdiction of the county court, and invest the circuit court with the same, and such jurisdiction does not depend upon the manner in which the transcript of the record may be made up.</p> <p>4. It matters not, so far as the practice is concerned, by whom a will is presented for probate. The proceeding is informal, without written pleadings, or notice to any one. The rights of the parties and the jurisdiction and practice of the court will not.be affected by the character in which the person acts who first offers the will for probate.</p> <p>5. A party, by appealing from an order of the probate court disallowing the probate of a will, makes himself a party to the litigation, and takes upon himself the burden of establishing the writing as a will. Persons not appealing will not need to be summoned, or otherwise notified of the r