Dawson's Appeal
Wisconsin Supreme Court
APPEAL from the Circuit Court of Racine County.* On the 8th of October, 1866, MeUssa Throup, of the city-of Racine, presented to the county court of said county, a petition which stated that Juliana Page, late of said city and county, had deceased in said city on the 11th of September of that year, having previously made her last will and testament nun-cupative; that the petitioner was named executrix therein; that the deceased was at the time of-her death an .inhabitant of…
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APPEAL from the Circuit Court of Racine County.* On the 8th of October, 1866, MeUssa Throup, of the city-of Racine, presented to the county court of said county, a petition which stated that Juliana Page, late of said city and county, had deceased in said city on the 11th of September of that year, having previously made her last will and testament nun-cupative; that the petitioner was named executrix therein; that the deceased was at the time of-her death an .inhabitant of said city, and that said will and testament related to personal property; that (as the petitioner was informed and…
1Opinion of the CourtDrxoN, C. J.
The alleged will cannot be sustained. One most important requisite of the statute is wholly unproved, and we shall consider no other of the numerous questions so ably discussed by counsel. We refer to the rogatio testiwm clause, as it is called, which declares that no nuncupative will shall be good, when the estate bequeathed shall exceed the value of one hundred and fifty dollars, “ unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present, or some of them, to bear witness that such was his will, or to that effectThere is no proof whatever that…
2Cases cited2 opinions
- Arnett v. ArnettIllinois Supreme Court · 1862
- Burch v. StovallMississippi Supreme Court · 1854
3Cited by5 opinions
- Cannon v. SeyboldtIdaho Supreme Court · 1935
- Godfrey v. SmithNebraska Supreme Court · 1905
- Scales v. Heirs at LawSupreme Court of Georgia · 1903
- Owens' Appeal in re Pritchard's WillWisconsin Supreme Court · 1875
- Mulligan v. LeonardSupreme Court of Iowa · 1877