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Erwin v. Kruse

OPINION FILED SEPTEMBER 24, 1959.

ROBERT L. ERWIN ET AL., APPELLEES,

v.

FORST KRUSE ET AL., APPELLANTS.



APPEAL from the Circuit Court of Iroquois County; the Hon. C.D. HENRY, Judge, presiding.

MR. JUSTICE HERSHEY DELIVERED THE OPINION OF THE COURT:

This appeal comes here from a decree of the circuit court of Iroquois County, which construed the will and codicil of Frank J. Kruse, deceased, confirmed title to real estate in certain plaintiffs, and directed the partition of part of the real estate. Defendants, Forst Kruse and Ralph E. Kruse, the only heirs-at-law of the decedent, were denied any interest therein by inheritance, and they bring their appeal here. A freehold is necessarily involved.

Frank J. Kruse died testate on August 26, 1957, owning several tracts of real estate. On January 6, 1958, two instruments, known herein as plaintiffs' exhibits 1 and 2, were admitted to probate as decedent's last will and testament and codicil thereto. Plaintiffs' exhibit 1, being the last will and testament of Frank J. Kruse, provides as follows:

"This is my will written on this day of February the 13th 1957.

"To.

"Ruth Anderson — The Home place.

"George or Opal Cross — The East Crib Lots

"East Farm to be sold and half of the selling price to go to Opal V. Williams.

"Any or all of the house hold furniture to Opal V. Williams.

"I am of sound mind.

Frank J. Kruse

"We the undersigned do hereby swear that the above was signed in our presences by Frank J. Kruse as his free and voluntary act.

George W. Cross Witness Gladys Leatherman ...


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