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Both v. Nelson

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eBook details

  • Title: Both v. Nelson
  • Author : Supreme Court of Illinois
  • Release Date : January 24, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

After a jury trial in the circuit court of Cook County the purported will of Sophia Both, deceased, was set aside on grounds of undue influence and mental incapacity. The decree was affirmed by the Appellate Court, (Both v. Nelson, 46 Ill. App.2d 69), and we have granted the defendant's petition for leave to appeal. He contends, inter alia, that prejudicial error was committed in refusing to admit certain evidence and in denying certain tendered instructions. We agree. The testatrix, a married woman 78 years of age, executed the instrument in question on October 16, 1957. By its terms she revoked a prior will and left her entire estate to the defendant, Frank Nelson, who was the husband of a deceased niece. The plaintiffs are beneficiaries under the prior will. Four days after executing the will in question the testatrix suffered a stroke and was taken to a hospital. Because of illness and old age she appeared unable to handle her affairs, and shortly after she entered the hospital proceedings were begun for the appointment of a conservator. From the hospital she was taken to a private home, where she resided until her death in 1959.


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