(Download) "Williams v. Crickman" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Williams v. Crickman
- Author : Supreme Court of Illinois
- Release Date : January 30, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff, Gertrude R. Williams, a residuary legatee under an instrument admitted to probate purporting to be the last will and testament of Florence M. East, filed a will contest in the circuit court of Piatt County. In the action, she sought a declaration that one paragraph in the instrument, allegedly executed as a result of the undue influence of defendant Jerald A. Crickman and decedent's attorney, Wayne L. Bickes, is null and void. The circuit court ruled that the sole issue in a will contest is the validity of the instrument as a whole and that it was without authority to invalidate one provision only. In addition, the court found that plaintiff, not an heir of decedent, could take only under the provisions of the instrument and therefore ruled that she was not an interested person under section 8-1 of the Probate Act of 1975 (Ill. Rev. Stat. 1977, ch. 110 1/2, par. 8-1) and dismissed the action with prejudice. The appellate court, relying upon Snyder v. Steele (1922), 304 Ill. 387, affirmed the rulings of the circuit court (75 Ill. App.3d 1105) in an unpublished order issued pursuant to Supreme Court Rule 23 (73 Ill.2d R. 23). Plaintiff appealed to this court pursuant to Supreme Court Rule 315 (73 Ill.2d R. 315), and we granted leave to appeal.
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