Davies v. Brooks

• Decision Date: 22 December 1904
• Citation: 212 Ill. 566,72 N.E. 724
• Parties: DAVIES et al. v. BROOKS et al.
• Court: Illinois Supreme Court

212 Ill. 566

72 N.E. 724

DAVIES et al.

v.BROOKS et al.

Supreme Court of Illinois.

Dec. 22, 1904.

Appeal from Circuit Court, Piatt County, W. C. Cochran, Judge.

Suit by Nellie Brooks and others against Edward C. Davies and others. From a judgment for complainants, defendants appeal. Appeal dismissed.

W. G. Cloyd, for appellants.

M. R. Davidson, for appellees.

CARTWRIGHT, J.

The appellees filed their bill in the circuit court of Piatt county as heirs at law of Edmund Davies, deceased, to contest his will, alleging a want of testamentary capacity and the exercise of undue influence by certain of the legatees and devisees and the executors. The executors, who were also trustees under the will, and all parties interested, were made defendants. One of the adult defendants was insane, and several of them were minors. One of the executors was appointed guardian ad litem for the insane and infant defendants. Answers and replications were filed, and an issue was formed as to the validity of the will. After a trial, which resulted in a disagreement of the jury, a supplemental bill was filed, in which complainants alleged that on the trial 25 different witnesses testified to the competency of the testator, and an equal number testified to the contrary; that the jury, during all their retirement, were equally divided on the question; that after the trial complainants and the adult defendants agreed upon a settlement and compromise of the controversy, by which complainants were to receive $9,000 in cash, and the will was to be confirmed as the last will and testament of Edmund Davies, deceased; that the guardian ad litem accepted and agreed to the settlement on behalf of the insane and infant defendants, provided the court had jurisdiction to decree the settlement, and found it for the best interest of the minors; that it would be necessary for the executors and trustees to borrow money and mortgage real estate of the testator to procure funds to carry out the settlement, and that the settlement was for the best interests of all parties. Complainants prayed for a decree in accordance with the terms of the settlement. The adult defendants, including the parents of the infant defendants, filed answers admitting the facts stated in the supplemental bill, and consenting to and praying for a decree enforcing the settlement as being in their interest and that of their minor children. The guardian ad litem answered, also admitting the allegations of the...