Riley v. Webb

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 126*—when appeal from decree sustaining will raises question of freehold. Adi appeal from a decree sustaining a will raises a question of freehold where the will devises real estate to the widow of testator which such widow could not have taken as heir at law, and makes other devises of real estate and annuities charged on real estate to persons not heirs at law, since if the will had been set aside all such interests in the real estate would have been defeated, and the real estate so devised would have in part passed to heirs at law who took nothing under the will.</p> <p>2. Appeal and error, § 123*—when Appellate Court no jurisdiction of question involving freehold. The Appellate Court has no jurisdiction to determine a question of freehold.</p> <p>3. Appeal and error, § 123*—when cause improperly appealed will he transferred to Supreme Court. A cause improperly appealed to the Appellate Court because involving a freehold will be transferred to the Supreme Court under section 102 of the Practice Act (J. & A. ¶ 8639).</p>