Hackett v. Hicks

Full title: Mary E. Hackett, Appellee, v. Glenn Hicks et al., Appellants

Court: Appellate Court of Illinois

Date published: Feb 29, 1944

322 Ill. App. 76 (Ill. App. Ct. 1944)

53 N.E.2d 742

Opinion

Gen. No. 9,392. (Abstract of Decision.)

Opinion filed February 29, 1944

WILLS, § 105^_ — sufficiency of evidence to sustain finding that will was not signed by witnesses in presence of testator. Although formal attestation clause in will establishes prima facie that each of witnesses signed will in presence of testator and in presence of each other, and must be overcome by clear evidence to the contrary, plaintiff contesting validity of will on ground that it was not signed by witnesses in presence of testator sustained burden of proof, and trial judge in so holding did not abuse his discretion, and hence judgment so holding would be sustained.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Pike county; the Hon. A. CLAY WILLIAMS, Judge, presiding.

Judgment affirmed. Heard in this court at the February term, 1944.

T.J. Sullivan and Frank E. Sullivan, for appellants;

Weaver Jenkins, for appellee.

Opinion by JUSTICE HAYES.

Not to be published in full. Opinion filed February 29, 1944.