Ballantine v. Proudfoot
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. James Ballantine, the executor named in the last will and testament of Margaret Stewart, deceased, presented that instrument for probate in the county court of Grant county. The will was executed January 2, 1877, five days before the death of the testatrix. It purported to devise and bequeath all her estate, real and personal, after the payment of debts, etc., to the four children of said executor.
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APPEAL from the Circuit Court for Grant County. James Ballantine, the executor named in the last will and testament of Margaret Stewart, deceased, presented that instrument for probate in the county court of Grant county. The will was executed January 2, 1877, five days before the death of the testatrix. It purported to devise and bequeath all her estate, real and personal, after the payment of debts, etc., to the four children of said executor. Mary Proud-foot., the only child and heir at law of the deceased, objected to the probate of the will on the grounds, (1) that it was not legally…
1Opinion of the CourtCole, C. J.
The learned counsel for the proponent of the will insists that the real questions'at issue were not properly submitted to the jury, nor determined by the court. The circuit court submitted the question whether the proposed will was executed as the free act and deed of Margaret Stewart, which question the jury answered in the negative. In the judgment it is recited that the court, after having taken time to consider of its judgment on the verdict, finds that the will was not executed as the free act and deed of Mrs. Stewart, therefore orders and adjudges that the same ought not to be admitted…
2Cases cited6 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Lucas v. ParsonsSupreme Court of Georgia · 1858
- Chapin Will CaseWisconsin Supreme Court · 1873
- Cotton v. UlmerSupreme Court of Alabama · 1871
- Owens' Appeal in re Pritchard's WillWisconsin Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Snell v. WeldonIllinois Supreme Court · 1910
- Firestene v. AtkinsonSupreme Court of Iowa · 1928
- Gerber v. RiemerWisconsin Supreme Court · 1957
- Loughney v. LoughneyWisconsin Supreme Court · 1894
- Wicker v. GundelachWisconsin Supreme Court · 1961
5 more not listed; retrieve them via the Exa API.