Legal Opinion

Stone v. Stone

Wisconsin Supreme Court

Decided June 13, 1916PublishedCited by 17 opinions

Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. Construction of will. On November 16, 1912, Fidelia M. Waterbury executed a will, which, omitting the signature, attestation clause, and clause appointing the executor, is as follows: “Know all men by these presents that I, Fidelia M. Waterbury of the village of Prairie du Sac in the county of Sauk and state of Wisconsin, being of sound mind and memory and mindful'of the uncertainty of human…

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Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. Construction of will. On November 16, 1912, Fidelia M. Waterbury executed a will, which, omitting the signature, attestation clause, and clause appointing the executor, is as follows: “Know all men by these presents that I, Fidelia M. Waterbury of the village of Prairie du Sac in the county of Sauk and state of Wisconsin, being of sound mind and memory and mindful'of the uncertainty of human life, do make and' publish and declare this my last will and testament in manner following, to wit: “First. I give,…

1Opinion of the CourtRoseNBERby, J.

The county court and the circuit court both held that the legacy of $4,000 provided for in clause 1 of the will lapsed by reason of the death of Martha M. Ried and became a part of the residuum of the estate of the testatrix.

It does not appear how long before the death of the testatrix Martha M. Ried died. Appellant contends that the intent of the testatrix is clear; that all arbitrary rules of law devised merely as aids to the ascertainment of testamentary intent are not to be applied in cases where the intent of the testatrix can be ascertained from the instrument itself, and cites Ohse v.…

2Cases cited20 opinions

  1. In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
  2. In re Donges's EstateWisconsin Supreme Court · 1899
  3. In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
  4. In Re Estate of MurphyCalifornia Supreme Court · 1909
  5. Parsons v. MillarIllinois Supreme Court · 1901

15 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Bronson v. PinneySupreme Court of Connecticut · 1943
  2. Williams v. ParsonsWisconsin Supreme Court · 1920
  3. Battles v. HackettWisconsin Supreme Court · 1922
  4. Continental Illinois National Bank & Trust Co. v. SchoendorfWisconsin Supreme Court · 1967
  5. Nielsen v. NielsenWisconsin Supreme Court · 1950

12 more not listed; retrieve them via the Exa API.

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