Tallmadge v. Zivnuska

An instrument purporting on its face to be the last will of Alex J. Johnston was denied probate. The only points involved are, (1) whether the purported testator had signed the instrument at the time the witnesses thereto signed it, and if so, (2) whether it was duly attested.(1) It has been declared by this court that “in the absence of clear proof that the witnesses to a will signed it before the testator did, it will be presumed that the testator signed it first.” Flood v. Kerwin, 113 Wis. 673, 679, 89 N. W. 845, citing Allen v. Griffin, 69 Wis. 529, 35 N. W. 21, and Will of O'Hagan, 73…