RUSSELL v. WHITE, 304 Ill. App. 588 (1940)

26 N.E.2d 683

Dorothy Russell, Appellee, v. Frances Merle Long White, Individually and as Administratrix With Will Annexed of Estate of Carl M. White, Deceased, Appellant.

Gen. No. 40,904. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed April 8, 1940

WILLS, § 211[*] — nuncupative will, sufficiency of evidence. In action in chancery to set aside the probate of a nuncupative will, decree setting aside will was proper, where those allegedly told to write the will testified they called deceased’s attorney to see if marriage revoked a prior will, the attorney denied receiving such call, there was evidence that there was no telephone in deceased’s house at the time, and there was testimony that one of the witnesses to purported will stated that she could not get deceased to make a will unless his lawyer drafted it.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.

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

Donald J. Seeley, for appellant;

Oscar Wyclif Harman, for appellee.

Opinion by JUSTICE O’CONNOR.

“Not to be published in full.” Opinion filed April 8, 1940.