Olson v. Smeby

Full title: Wilbert Olson et al., Appellees, v. Herbert M. Smeby, Individually and as…

Court: Appellate Court of Illinois, First District

Date published: May 20, 1940

305 Ill. App. 491 (Ill. App. Ct. 1940)

27 N.E.2d 481

Opinion

Gen. No. 40,865. (Abstract of Decision.)

Opinion filed May 20, 1940

WILLS, § 211^_ — action to set aside probate, sufficiency of evidence. In action to set aside probate of a will, verdict finding lack of mental capacity and exercise of undue influence by son of 82-year-old testatrix was supported by testimony of seven persons, and numerous instructions were properly given.

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

Appeal from Circuit Court of Cook county; Hon. DANIEL P. TRUDE, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1939.

Elmer J. Tone, for appellants;

Clyde C. Fisher, of counsel;

Schachner Siegan and Charles C. and Richard M. Spencer, for appellees.

Opinion by JUSTICE O'CONN0R.

"Not to be published in full." Opinion filed May 20, 1940.