In force, Mar.[March] 2, 1839.
AN ACT to provide for the probate of wills in certain cases.
1Witnesses of wills.
If probate justice be witness he shall go before cir.[circuit] court.
Duty of clerk.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases wherein probate justices of the peace, or such other person as
may be authorized by law to grant probate of wills and testaments, may and shall have
become a witness to any will or testament which is required by law to be proved before him as such probate justice of the peace,
or person authorized to grant probate as aforesaid, and the testimony of such witness
is necessary to the proof of the same, then, and in such case, it shall be his duty
to go before the circuit court of the county in which such will is to be admitted
to record, and make proof of the execution of the same in the same manner that probate
of wills is required to be made in other cases. And it shall be the duty of the clerk of the circuit court aforesaid forthwith to
certify such will, proven as aforesaid, to the probate court of the county; and said
will shall thereupon have the same force and effect that it would have had if it had
been proven by one credible witness before the court of probate; and if there are
other witnesses to said will, the court of probate shall take their evidence in support
of said will, as in other cases.
Approved, March 2, 1839.
1Vital Jarrot introduced HB 238 to the House of Representatives on January 29, 1839. The House passes the bill on February 9. The Senate referred it to the Committee on the Judiciary on February 13. The committee reported
back on February 23 and recommended an amendment, to which the Senate concurred. The
Senate passed the bill on February 25. The House passed the amended bill on March
2. The Council of Revision approved the bill that same day and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly (Vandalia, IL: William Walters, 1838), 307, 313, 372, 510, 590, 602, 606; Journal of the Senate of the Eleventh General Assembly (Vandalia, IL: William Walters, 1838), 308, 326, 388, 409, 501, 508-9.
Printed Document, 1 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 259, GA Session: 11-1,