Brook v. Chappell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. In 1872, F. P. Brook, one of the appellants and one of the executors named in the last will and testament of Wm.
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APPEAL from the Circuit Court for Jefferson County. In 1872, F. P. Brook, one of the appellants and one of the executors named in the last will and testament of Wm. Chap-pell, deceased, filed a petition in the county court of Jefferson county, where such testator died and where his last will wTas proved, stating that such testator had, during his last illness, made a nuncupative codicil to his said will, by which he directed the payment of various legacies in addition to those provided in his will, to the amount in all of about $1,700, and asking that said codicil might be admitted to…
1Opinion of the CourtDixon, C. J.
As a nuncupative codicil to a written will, this application and the decree of the probate court thereon cannot be sustained. As a mere nuncupative will, standing alone and not affecting nor intended to affect the provisions of a written will, the ceremonies observed and proofs introduced are sufficient, probably, to establish it within the requirements of the statute regulating the making of wills of that kind. B. S., ch. 97, sec. 5 ; 2 Tay. Stats., 1204, § 5. But the difficulty springs from the fact that, as a nuncupative codicil, it operates ;pro tanto as a revocation of the written will,…
2Cases cited6 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Ketchum v. WalsworthWisconsin Supreme Court · 1856
- Amory v. AmoryWisconsin Supreme Court · 1870
- Flinn v. ShacklefordSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Ransdel v. MooreIndiana Supreme Court · 1899
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Estate of StaabWisconsin Supreme Court · 1918
57 more not listed; retrieve them via the Exa API.