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O'Byrne v. Oak Park Trust and Sav. Bank, Oak Park, Ill.

Opinion Date 1970-01-15
  • Court Line: Beaumont
  • Citation: 450 S.W.2d 411
  • Subcategory: Capacity
  • Appellate Standard: Sufficiency of the evidence
  • Jury: MSJ
  • Probate Court: No
Details
Contestant(s):
Guardian
  • Testator Male or Female: Female
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellant
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Contractual
  • Docket Number: 7089

Outcomes
  • Our Summary:

    Trial court cancelled deed by summary judgment on grounds the grantor lacked capacity. Court of appeals reversed finding a fact issue existed as to grantor's capacity where both sides submitted affidavits including an affidavit from the notary stating the grantor appeared to have capacity.

Summaries