Wheeler v. Wheeler

Citations

• 134 Ill. 522
• 25 N.E. 588

Syllabus

<p>1. Contest oe wmiiS—limitation as to time of filing the bill—jurisdictional. The power of a coiirt of equity to set aside the probate of a will is purely statutory, and the jurisdiction can only be exercised in -the mode and under the limitations prescribed by the statute. The time limited for the filing of a bill to contest a will is jurisdictional, and if the jurisdictional facts are not alleged, a demurrer will lie.</p> <p>2. Same—saving clause—as to time of filing bill—in respect of “persons absent from the State”—the statute construed. The saving clause in section 7 of the Statute of Wills, relating to the limitation of the time for contesting wills by bill in chancery, in favor of infants, femes covert and persons insane, applies equally to such persons, whether residents •or non-residents of this State; but the provision “saving to persons absent from the State,” applies to those only who are subject to the jurisdiction of the State, and have gone out of that jurisdiction for temporary purposes. It does not apply to persons who have never been residents of the State.</p> <p>3. Same—former decision. The decision in White v, Sight, 1 Scam. 204, extending the saving clause to non-residents, is no longer the rule in this State.</p> <p>4. Construction of statutes—how far controlled by Slate policy. While the policy of the State indicated by a series of legislation is not ■of controlling weight in the construction of statutes, it is a matter that may be properly considered in determining the legislative intention in employing words susceptible of two meanings. Other things being equal, that construction will be adopted which comports with such State policy.</p>