Tate v. Tate

Decided June 15, 1878

Illinois Supreme Court · decided 1878-06-15

Writ of Error to the Circuit Court of Saline county; the Hon. Willis Allen, Judge, presiding. This was a bill in chancery, filed by Braxton P. Tate and Harriet E. Tate, by George W. Tate, their next friend, and Hiram B. Tate, against Parker M. Tate and Robert A. Tate, to set aside the will of John V. Tate, resulting in a decree setting aside the will.

Good law ✅— No negative treatment on recordhow we know

Decided 1878-06-15

How this case has been cited

Cited by 6 later decisions — most recently March 1936

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam :

¶1This is a writ of error, brought to reverse a decree setting aside a will. Where a bill is filed to set aside a will, the burden of sustaining the will is cast upon those averring its validity, and the question is tried de novo. The proofs upon which the decree rests are not preserved, and no sufficient ground for the maintenance of the will is shown. The recitals sustain the decree.

¶2The proceeding does not seem to have been according to the most approved modes, but we find no sufficient irregularity to authorize a reversal of the decree.

¶3Decree affirmed.