McMillan v. McDill

Citations

• 110 Ill. 47

Syllabus

<p>1. Evidence—admission by one, as to joint interest—whether binding on all. Where parties have a joint interest in a matter in suit, an admission made by one is in general competent evidence against all.</p> <p>2. Same—on contest of will—as to sanity of testator—admissions of devisee or legatee. In the case of several legatees or devisees, however, who take, not a joint interest, but separate interests, the declarations or admissions of a portion only of them, are not competent to show the insanity or want of mental capacity of the testator, on bill in chancery to contest the validity of the will on that ground, and it is error to admit such evidence, though limited by the court to the party or parties making the same. The effect of such testimony upon the issue involved, the validity or invalidity of the will, could not be so limited but that if it operated against the legatee or devisee making the admissions, it must operate against all who claimed under the will. It seems the rule is different as to the declarations of a sole legatee or devisee.</p>