Opinion
Gen. No. 43,848. (Abstract of Decision.)
Opinion filed January 6, 1947 Released for publication January 20, 1947
WILLS, § 195 — where order dismissing complaint to contest will would be reversed. Where complaint seeking to set aside will on grounds of mental incapacity and undue influence was dismissed by order of superior court upon plaintiffs' failure, as directed by court, to apply to Appellate Court for leave to file supersedeas bond in case there on appeal from circuit court in which plaintiffs were found not to be heirs or next of kin of deceased and therefore not entitled to contest will, order would be reversed and cause remanded for hearing where Appellate Court subsequently filed opinion in cause appealed from circuit court finding that plaintiffs were heirs and parties in interest under statute entitled to bring action in superior court to contest will.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.
Reversed and remanded. Heard in the second division, first district, this court at the October term, 1946.
Dayton Oppenheim, for appellants;
James A. Dayton, of counsel;
Beckman, Healy, Newby Hough, for certain appellee;
Richard E. Kropf, for certain other appellees;
Richard E. Kropf and Daniel M. Healy, of counsel.
Not to be published in full. Opinion filed January 6, 1947; released for publication January 20, 1947.