Bice v. Hall

Decided November 20, 1886

Appellate Court of Illinois · decided 1886-11-20

Wills — Freehold—Appeal—Practice. 1. Where a will devises real estate as it would not descend - under the statute, a freehold is involved. 2. This court, for want of jurisdiction, dismisses an appeal in a case involving such a will, with leave to withdraw the record.

Cited by 2 later decisions — most recently September 1906

2 state decisions

Relies on Newberry v. Blatchford · Andrews v. Andrews · Andrews v. Andrews

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-20

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Per Curiam.

¶1The County Court admitted to probate the proposed will of Benjamin L. Hall, but the Circuit Court on appeal reversed the order, and this appeal was taken.

¶2The proposed will devises real estate in fee as it would not descend under the statute. A freehold is therefore involved. Andrews v. Andrews, 9 Ill. App. 408; S. C. 110 Ill. 223; Newbury v. Blatchford, 106 Ill. 584.,

¶3An appeal in such a case does not lie to this court. Appellant may have leave to withdraw the record if she so desired.

¶4Appeal dismissed.