Opinion
Gen. No. 44,139. (Abstract of Decision.)
Opinion filed January 5, 1948 Released for publication January 27, 1948
WILLS, § 245 — question of testator's capacity. Decree on verdict that instrument purporting to be last will and codicil was not last will of deceased, was affirmed, where there was evidence that deceased was about 80 years old at time he executed his will, that some years prior to execution of will he had suffered cerebral thrombosis, that his physical and mental condition was growing worse, that while deceased provided for certain bequests, yet he did away with title to his real estate at that time, that few months later he disposed of most of his personal property, and also because of complicated nature of will, all such matters were for jury's consideration in determining whether deceased understood disposition he was making of his property at time he executed will.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. U.S. SCHWARTZ, Judge, presiding.
Decree affirmed. Heard in the first division, first district, this court at the June term, 1947.
Eaward T. Howe, for appellants;
Charles D. Snewind, of counsel;
Posanski, Lelivelt Baron, for appellees;
Roman E. Posanski and William Jacobs, of counsel.
Not to be published in full. Opinion filed January 5, 1948; released for publication January 27, 1948.