Schmidt v. Edmonds

Full title: Frances E. Schmidt, Appellant, v. Bernice Schmidt Edmonds et el., Appellees

Court: Appellate Court of Illinois, Chicago, First District

Date published: Dec 20, 1945

327 Ill. App. 413 (Ill. App. Ct. 1945)

64 N.E.2d 241

Opinion

Gen. No. 43,127. (Abstract of Decisions.)

Opinion filed December 20, 1945 Rehearing denied January 8, 1946 Released for publication January 8, 1946

WILLS, § 244^_ — nature of motion for directed verdict in will contest. Motion for directed verdict in will contest is governed by same rules which govern such motion in actions at law; party resisting such motion is entitled to benefit of all evidence in his favor, and only question on review is whether there is any evidence in record tending to prove complaint.

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

Appeal from the Superior Court of Cook county; the Hon. JOSEPH A. GRABER, Judge, presiding.

Reversed and remanded. Heard in the third division, first district, this court at the June term, 1944.

Jesse H. Brown, for appellant;

Eugene P. Kealy and Francis L. Brinkman, for certain appellees.

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed December 20, 1945; rehearing denied January 8, 1946; released for publication January 8, 1946.