Saunders v. Saunders

Citation141 N.E. 708,310 Ill. 371
Decision Date19 December 1923
Docket NumberNo. 15672.,15672.
PartiesSAUNDERS v. SAUNDERS et al.
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

Bill by Grace M. Saunders against Marian B. Saunders, as executrix of the estate of James Saunders, deceased, and others, to contest a will. Decree for defendants, and plaintiff appeals.

Affirmed.

Appeal from Circuit Court, Du Page County; Mazzini Slusser, judge.

Edward J. Kelley, of Chicago, for appellant.

Charles W. Hadley, of Wheaton, and John W. Leedle, of Chicago, for appellee Marian B. Saunders.

FARMER, C. J.

James Saunders, a resident of Du Page county, Ill., died there testate May 19, 1921. By his will, after making certain devises and bequests to his children and grandchildren, he made certain bequests to church and Masonic lodge organizations and devised the remainder of all his property to his ‘beloved wife, Marian B. Saunders,’ and named her as executrix of his will without bond. The will was admitted to probate July 6, 1921, and Marian B. Saunders was appointed and qualified as executrix. On June 26, 1922, appellant, Grace M. Saunders, filed the bill in this case to contest the will on the ground of mental incapacity and undue influence. Grace M. Saunders (hereafter referred to as appellant) alleged she was the widow of testator. She was not mentioned in the will, and no provision whatever was made for her therein. Marian B. Saunders and other parties defendant to the bill demurred to it, assigning special causes of demurrer. The court sustained the demurrer, and appellant took leave to amend, and the bill was amended by making slightly more specific the allegation that appellant was the widow of the testator. The amended bill was demurred to, and the demurrer was overruled. Subsequently the court vacated and set aside the order overruling the demurrer to the amended bill, sustained the demurrer, and dismissed the amended bill for want of equity, from which decree this appeal is prosecuted.

Section 7 of the chapter on wills (Smith-Hurd Rev. St. 1923, c. 148) confers the right on ‘any person interested’ to file a bill within one year after the probate of any will to contest its validity, and the question here presented for determination is whether the bill was filed by a person interested, having the right, under the statute, to contest the will.

Appellant bases her right to maintain the bill on the claim that she is the widow of the testator. While James Saunders by his will purported to dispose of his entire estate, real and personal, he made no provision in it for appellant, but did make provision for Marian B. Saunders, whom he described as his ‘beloved wife.’ If appellant is the widow, as she claims to be, the estate as to her is intestate, but, except as to her rights as widow under the statute, it is testate estate. No provision...

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7 cases
  • Jensen v. Hinderks, 33511.
    • United States
    • United States State Supreme Court of Missouri
    • March 10, 1936
    ...v. Smith, 37 S.W. (2d) 902; Robertson v. Robertson, 223 S.W. 32, 144 Ark. 556; Thompson v. Turner, 89 N.E. 315; Saunders v. Saunders, 141 N.E. 708, 310 Ill. 371; In re Adkins Will, 162 N.W. 193, 179 Iowa, 1025; Helfrich v. Nockel, 122 Atl. 360, 143 Md. 371. (2) Amendments stating a new caus......
  • Yung v. Peloquin
    • United States
    • United States Appellate Court of Illinois
    • May 17, 1955
    ...... Saunders v. Saunders, 310 Ill. 371, 141 N.E. 708; Jele v. Lemberger, supra; Selden v. Illinois Trust and Savings Bank, supra.         Second, the ......
  • Mayer v. Reinecke
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 24, 1942
    ......In re Taylor's Will, 55 Ill. 252; Zakroczymski v. Zakroczymski, 303 Ill. 264, 135 N. E. 398; Saunders......
  • Shoup v. Shoup
    • United States
    • Supreme Court of Illinois
    • December 16, 1925
    ...... Case that, as the will made no provision for the widow, as to her the estate was intestate to the extent of her legal claims, and cites Saunders v. Saunders, 310 Ill. 371, 141 N. E. 708, where the court used similar language. In the Saunders Case, a woman claiming to be the surviving wife of ......
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