Case Details

Case Summary

Seekright on the demise of the heirs of Lunceford sued Ackles and others in an action of ejectment. The circuit court ruled for Seekright. The Supreme Court addressed four errors presented for judgment reversal. First, Lunceford's will's attestation by two witnesses, one being a devisee, did not violate applicable law requiring three subscribing witnesses. Second, the will's proof adhered to legal requirements. Third, the contention that Lunceford's interest was void due to Rebecca McCann's fee simple estate was dismissed, citing legal precedents supporting the executory devise. Finally, the death of Lunceford before the contingency did not nullify his interest, confirming its transmissibility to his heirs. The court affirmed the judgment.

Illinois Reports File