Jackman v. North

75 N.E.2d 324, 398 Ill. 90, 175 A.L.R. 868, 1947 Ill. LEXIS 460
Illinois Supreme Court·Decided September 18, 1947·No. No. 29691. Decree affirmed.·Published·Cited by 19 cases

Opinion

Mr. Chief Justice Murphy

delivered the opinion of the court:

Louise B. Paulson died May 9, 1943. In June of that year the probate court of Will County admitted an instrument to probate as her last will and testament. This action was started in the circuit court of that county by Emma P. Jackman, a sister of Louise B. Paulson, to contest the probate of said instrument on the grounds of mental incapacity, and that its execution was procured by undue influence, fraud and conspiracy. The executor named in the will and all the heirs-at-law and parties beneficially interested in the will were made parties defendant. At the conclusion of plaintiff’s evidence, the chancellor sustained a motion for a directed verdict and entered a decree declaring the instrument to be the last will and testament of Louise B. Paulson, deceased, and dismissed the complaint for want of equity. The real estate which testatrix owned at the time of her death is disposed of by the will. These facts appear in the abstract and are sufficient to confer jurisdiction on this court by direct appeal. Toomey v. Toomey, 350 Ill. 162; Walker v. Walker, 336 Ill. 191.

Louise B. Paulson was a daughter of Florence B. Paul-son who died in September, 1939. Florence B. Paulson had three other children, namely: Elizabeth, intermarried with William W. North, Emma, plaintiff in this action, married to George Jackman, and Norman, who was never married. Louise and Norman resided with the mother until her death, and thereafter continued to live in the family' home until his death June 19, 1942. Louise was never married. Her heirs-at-law are plaintiff, and the four children of Elizabeth North, namely: Florence N. Kaspar, Warren H. North, William P. North and Mary Louise Harrison. The beneficiaries under the will are the North children; plaintiff’s three children, namely: George S. Jack-man, Jr., Marjorie Vasey and David C. Jackman; and Wilma Cogswell, a stranger in blood. The North children, except Florence N. Kaspar, and the three Jackman children were each bequeathed the sum of $100. Florence N. Kaspar and Wilma Cogswell were each given the sum of $1000. The remainder of the estate was placed in trust, the income of which was to be paid to testatrix’s brother, Norman Paulson, and at his death the whole of the trust fund was to go to her niece, Florence N. Kaspar. Warren H. North and Norman B. Paulson were named as executors. The latter having predeceased testatrix, Warren H. North qualified as executor and proceeded with the administration of the estate. Louise B. Paulson had an estate of approximately $40,000, all of which is disposed of by the will, if it is sustained. The will was dated February 27, 1942, and was in testatrix’s handwriting.

Plaintiff contends (a) the court erred in directing a verdict for the defendants; (b) that competent evidence was improperly excluded; (c) that there was irregularity in the recording of the verdict; (d) that the chancellor was without jurisdiction to sign the decree, and (e) that there was error in the taxing of the guardian ad litem fees.

The error assigned on the court’s ruling in directing a verdict presents a question as to whether there is evidence in the record, which, with all its reasonable inferences taken in the aspect most favorable to the plaintiff may be said to be sufficient in law to support plaintiff’s cause of action. Questions as to the credibility of witnesses and weight of evidence are not within the scope of this inquiry. (Peters v. Peters, 376 Ill. 237; Greenlees v. Allen, 341 Ill. 262; Geiger v. Geiger, 247 Ill. 629.) The charges that the execution of the will was procured through undue influence and as a part of a fraudulent scheme and conspiracy remained as issues in the case until the motion for a directed verdict was granted, but they have been abandoned on this appeal.

Plaintiff does not question testatrix’s mental capácity on the ground that she was incapable of transacting ordinary business affairs but contends that she was suffering from an insane delusion. It is contended that plaintiff did not make the accusations which testatrix charged her with having made, but that nevertheless testatrix’s belief caused her to adopt a mental attitude toward plaintiff which rendered her mentally incompetent to make a will. The allegations of the complaint do not specify the subject matter of the accusations; however, in plaintiff’s hypothetical question propounded to two medical experts, the theory is disclosed that testatrix believed plaintiff had accused her, (1) of secreting mail which plaintiff had sent to her mother; (2) of preventing the mother from visiting plaintiff or writing her or sending her money, and (3) of trying to influence the mother against plaintiff. It is clearly shown that testatrix held a dislike for plaintiff, and a sentence in the will demonstrates that such hatred and dislike moved testatrix to omit plaintiff as a beneficiary in her will. The sentence in the will is as follows: “My sister Emma P. Jackman has caused me so much trouble and made such false accusations that I don’t feel I should leave her anything.” In considering the motion for directed verdict, we may restrict our analysis of the evidence to determine whether at the time of the execution of the will testatrix was suffering from an insane delusion in regard to plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

Jackman v. North, 75 N.E.2d 324, 398 Ill. 90, 175 A.L.R. 868, 1947 Ill. LEXIS 460 (Ill. 1947).

75 N.E.2d 324 (Jackman v. North) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Estate of Elias
946 N.E.2d 1015 (Appellate Court of Illinois, 2011)
Gile v. Gile
777 N.E.2d 1002 (Appellate Court of Illinois, 2002)
Matter of Estate of Dyniewicz
648 N.E.2d 1076 (Appellate Court of Illinois, 1995)
Svendsen v. Herget National Bank
413 N.E.2d 205 (Appellate Court of Illinois, 1980)
In Re Estate of Stuhlfauth
410 N.E.2d 1063 (Appellate Court of Illinois, 1980)
Chicago Title & Trust Co. v. Czubak
368 N.E.2d 407 (Appellate Court of Illinois, 1977)
Dixon v. Webster
551 S.W.2d 888 (Missouri Court of Appeals, 1977)
People v. Alexander
202 N.E.2d 841 (Appellate Court of Illinois, 1964)
Richton v. Richton
195 N.E.2d 265 (Appellate Court of Illinois, 1963)
National Bank of Commerce v. Miracle
375 P.2d 148 (Washington Supreme Court, 1962)
In Re Meagher's Estate
375 P.2d 148 (Washington Supreme Court, 1962)
People Ex Rel. Schwartz v. Fagerholm
161 N.E.2d 20 (Illinois Supreme Court, 1959)
Hockersmith v. Cox
95 N.E.2d 464 (Illinois Supreme Court, 1950)
Freeport Motor Casualty Co. v. Tharp
94 N.E.2d 139 (Illinois Supreme Court, 1950)
Mondale v. Edgers
212 P.2d 823 (Washington Supreme Court, 1949)
In Re O'neil's Estate
212 P.2d 823 (Washington Supreme Court, 1949)