Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 42 (April And November Terms, 1866, And January Term, 1867)
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258 ; White v. The British Museum, 3 M. & Pay. 689 ; Ellis V. Smith, 1 Yes. Jr. 11 ; Deu v. Milton, 7 Halst. 70 ; Oilley V. Gilley, 34 Maine, 162 ; Brinkerhoff v. Runsen, 8 Paige, 488 ; Brown v. De Selding, 4 Sandf. S. C. 10 ; Whitbeok V. Patterson, 10 Barb. 908 ; Nipper v. Groeshech, 22 id. 670 ; Jay V. Kennedy, 1 Watts & Serg. 326. 2. Before a will can be admitted to probate, the party claim- ing under it must establish sanity by the oath of two witnesses, and the burden of proof is upon him.... Jarman on Wills, 75, and cases there cited ; Riggs et al. v. Wilton, 13 111. 19 ; Walker v. Walker, 2 Scam. 294. 3. Where the testimony shows that the mind of the alleged testatrix was impaired, and that, in her actions, she was con- trolled by another person, the court will not say she was a competent person to make a will. Kedf. on Wills, 72 ; Marsh ^82 Dickie et al. v. Cakter. [Nov. T., Brief for the Defendant in error. V. Tyrrell, 2 Hagg. 122; Dew v. ClarJc, 3 Add. 207; Jarman on Wills, 60; 5 Russ.
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