Jackman v. North

75 N.E.2d 324, 398 Ill. 90, 175 A.L.R. 868, 1947 Ill. LEXIS 460
CourtIllinois Supreme Court
DecidedSeptember 18, 1947
DocketNo. 29691. Decree affirmed.
StatusPublished
Cited by19 cases

This text of 75 N.E.2d 324 (Jackman v. North) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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.

Plaintiff pleaded facts relative to family difficulties which occurred more than twenty-five years ago. There is no denial of such allegations and, although the evidence of the witnesses does not cover all that period, some of it does refer to those early occurrences. Brief reference will be made to such facts to show the family relationship and the attitude of testatrix toward plaintiff. There is some evidence that some of the members of testatrix’s family had, for a good many years, regarded her as possessing peculiarities in regard to her attitude toward life. Evidence of this thought is found in a note written by the mother the day following the execution of her will in November, 1922. It was addressed to the other three children, Emma, Norman and Elizabeth. In that note the mother asks that the three children give Louise care and companionship and refers to it as being in the nature of a legacy from the mother. She said she had endeavored to provide for Louise’s financial needs, but that in addition she would need the comfort and companionship of her brother and sisters. In 1939 plaintiff addressed a letter to her nephew Warren H. North asking for his assistance in reference to some business matter between plaintiff’s mother and herself. In that letter plaintiff refers to Louise’s attitude toward her as an “impossible situation.” She also says “Louise has hated Margery [plaintiff’s daughter] for some reason or other, or no reason, and you know what she has done to me ever since you can remember and as long as I can remember. This last escapade she talked Norman into attacking me. I still don’t know what for and was so overcome I don’t even remember what he said to me.” Later in the same letter she says: “If Mater were herself, I wouldn’t ask this but you can see the pleasure Louise is having making me squirm under her power.” In Warren’s answer to plaintiff’s letter, he declined to express any opinion on controversial matters and" said he did not “desire to be brought in on the personal matters between you and the rest of the family.” In 1942, soon after the death of Norman, the principal beneficiary, Florence N.

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Bluebook (online)
75 N.E.2d 324, 398 Ill. 90, 175 A.L.R. 868, 1947 Ill. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackman-v-north-ill-1947.