(Download) "Quellmalz v. First Nat. Bank" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: Quellmalz v. First Nat. Bank
- Author : Supreme Court of Illinois
- Release Date : January 22, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiffs, three nephews and heirs-at-law of Lena Quellmalz, deceased, appeal from a decree of the circuit court of St. Clair
County, in a will contest wherein the court declared the will to be a valid last will and testament of Lena Quellmalz. This
decree was entered by the court after the jury had failed to reach a verdict, was discharged, and the defendants had renewed
their motion for directed verdict, upon which the court had reserved its ruling. Plaintiffs filed their post-trial motion
to vacate the decree, and to enter a decree for plaintiffs declaring the document not to be the last will and testament of
Lena Quellmalz, or to grant a new trial. The court denied plaintiffs' motion. A freehold interest being necessarily involved,
plaintiffs appeal to this court. The plaintiffs, sons of a predeceased brother of Lena Quellmalz, filed their complaint in the circuit court of St. Clair
County praying that the instrument admitted to probate in the probate court of St. Clair County as the last will of Lena Quellmalz,
be set aside and declared not to be the last will and testament of the deceased. The defendants are the executor of the will,
The First National Bank of Belleville, and the legatees thereunder, Clara McFarland, sister of deceased and her only other
heir-at-law, Sue Schwarz, Hazel Pfeiffer, Harry McFarland. Bertha Pohle, Amanda Freshmann, St. Vincent's Hospital of Belleville,
a corporation, also known as St. Vincent's Home for the Aged, St. John's Catholic Orphanage, a corporation, also known as
St. John's Orphanage, and St. Paul's Evangelical Church of Belleville, a corporation, also known as St. Paul's Evangelical
and Reformed Church. The complaint alleged that at the time of making the instrument Lena Quellmalz was more than 86 years
of age, was in her dotage and was physically weak and diseased, was incompetent and unable to make the instrument, and was
then obsessed by and under the influence of insane delusions, rendering her incapable of making a will.