Battis v. Montaba
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Winnebago county: Chesteb A. Eowlek, Judge. On April 28, 1890, Allan P. Battis and tbe respondent were married. On December, 13, 1902, Allan P. Battis, tbe testator, made bis will. Thereby be gave to a cousin all bis interest in bis boiler-sbop business, tbe buildings in which it was conducted, and tbe lots upon which tbe buildings stood.
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Appeal from a judgment of tbe circuit court for Winnebago county: Chesteb A. Eowlek, Judge. On April 28, 1890, Allan P. Battis and tbe respondent were married. On December, 13, 1902, Allan P. Battis, tbe testator, made bis will. Thereby be gave to a cousin all bis interest in bis boiler-sbop business, tbe buildings in which it was conducted, and tbe lots upon which tbe buildings stood. Pie gave to Helen Wiesenberg, a stranger, certain bank stock and money or real-estate mortgages sufficient to make tbe sum of $8,000. Tbe fourth and fifth paragraphs of the will are as follows: “Fourth. I give…
1Opinion of the Court
The following opinion was filed April 26, 1910:
SiebeckeR, J.
The respondent avers that the admission ■of the will to probate precludes the appellant by his petition from invoking the power of the court to declare the fourth paragraph of the will to have been revoked and annulled. The argument is made that the admission of the will to probate established the whole writing and made it operative and effective in all its parts, and hence that appellant cannot in this manner establish a revocation of any part thereof. The ■question raised by the petitioner is whether or not 'pai’agraph 4 *237of tbe…
2Cases cited11 opinions
- Lansing v. HaynesMichigan Supreme Court · 1893
- Brush v. WilkinsNew York Court of Chancery · 1820
- Graham v. BurchSupreme Court of Minnesota · 1891
- Donaldson v. HallSupreme Court of Minnesota · 1909
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Whaley v. AveryWisconsin Supreme Court · 1927
- Estate of JohnsonWisconsin Supreme Court · 1920
- Will of WehrWisconsin Supreme Court · 1945
- Pascucci v. AlsopCourt of Appeals for the D.C. Circuit · 1945
- Robertson v. JonesSupreme Court of Missouri · 1940
23 more not listed; retrieve them via the Exa API.