In re Will of Rutledge

2 Citing cases

  1. In re Estate of Jacobson

    393 N.E.2d 1069 (Ill. App. Ct. 1979)   Cited 8 times
    Denying admission of will to probate where evidence demonstrating soundness of testator's mind was "patently insufficient"

    ( In re Estate of Salzman (1974), 17 Ill. App.3d 304, 308 N.E.2d 83, 86.) The law favors admission of a will to probate in order that the administration of the estate may proceed, but the requirements of the statute are mandatory and must be complied with. ( Spangler v. Bell (1945), 390 Ill. 152, 154.) A properly executed attestation clause creates a presumption or prima facie case that a will has been duly executed, and that presumption has been held to be sufficient to admit a will to probate in various circumstances, such as where several years have passed and the attesting witnesses have no recollection as to the details of the execution ( In re Estate of Russell (1970), 130 Ill. App.2d 839, 264 N.E.2d 269), where an ulterior motive to testify falsely is shown as to the attesting witnesses ( In re Estate of Koss (1967), 84 Ill. App.2d 59, 228 N.E.2d 510), or where the testimony of the attesting witnesses is vague ( In re Last Will and Testament of Rutledge (1955), 5 Ill. App.2d 355, 125 N.E.2d 683). The presumption, however, is not conclusive and the inquiry is whether valid execution of the will had been established. In re Estate of Plummer (1940), 307 Ill. App. 378.

  2. In re Estate of Hart

    223 N.E.2d 466 (Ill. App. Ct. 1967)   Cited 7 times

    Loomis v. Campbell, 333 Ill. App. 617, 78 N.E.2d 143; In re Estate of Willavize, 21 Ill.2d 40, 171 N.E.2d 21. [3] Later cases supporting the duty of the trial court to weigh the evidence are In re Will of Rutledge, 5 Ill. App.2d 355, 125 N.E.2d 683 and Knaphurst v. Lindauer, 61 Ill. App.2d 269, 210 N.E.2d 23. In the Rutledge case, the witness first stated of the testator, "His appearance was O.K. to me," and later on direct question as to whether he had an opinion that the testator was competent to make a will, answered, "That never entered by mind."