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Wilkinson v. Service

Supreme Court of Illinois
94 N.E. 50 (1911)


Dr. Charles D. Hews died after executing a will that bequeathed nothing to his only child, Carrie D. Wilkinson (plaintiff). The will conveyed most of Hews' estate to his sister, Mary J. Service (defendant). Wilkinson challenged the will, claiming Hews was not of sound mind and memory when he executed the will. At trial, Hews' lawyer testified about conversations he had with Hews regarding a letter to Hews from Wilkinson’s husband, directing Hews not to communicate with Wilkinson and stating that Hews had never treated Wilkinson well. Additional evidence included Hews’ previous wills, which bequeathed only minimal amounts to Wilkinson, and a declaration that Hews had given his ex-wife, Wilkinson’s mother, property that she could give to Wilkinson. The jury ruled Hews' will was valid. Wilkinson appealed to the Supreme Court of Illinois, arguing the lawyer's testimony was inadmissible hearsay.

Rule of Law


Holding and Reasoning (Carter, J.)

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