Legal Opinion

Syth v. Shanks

Wisconsin Supreme Court

Decided November 16, 1920PublishedCited by 13 opinions

Appeal from a judgment of the county court of Clark county: H. A. Ander'son, Judge. Proceedings'to probate the purported will of John Shanks, deceased, proposed for probate by John Syth, the executor named therein.

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Appeal from a judgment of the county court of Clark county: H. A. Ander'son, Judge. Proceedings'to probate the purported will of John Shanks, deceased, proposed for probate by John Syth, the executor named therein. At the close of the evidence the court found as facts that said John Shanks for. some time prior to the making of his will was suffering from insane delusions; that at the time he made his will he was mentally unsound and incapable by reason thereof to execute the will; and held that his will should be disallowed. From a judgment disallowing the will and requiring the proponent to…

1Opinion of the CourtVinje, J.

On the 17th day of February, 1919, the testator, John Shanks, executed his will devising to his wife the use for life of his homestead and household furniture, valued at about $4,000. He also bequeathed her $3,000. The balance of his property, valued at $5,000, exclusive of the homestead, he left to his nephews and nieces. On the 9th day of March, 1919, he committed suicide by hanging. He was then eighty-two years old and had lived amicably with his wife, aged seventy-two years, for over fifty years before his death, and the property he left had been accumulated by them during their married…

2Cases cited4 opinions

  1. Gates v. FleischerWisconsin Supreme Court · 1886
  2. Will of ColeWisconsin Supreme Court · 1880
  3. Bachmeyer v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1894
  4. Barbo v. RiderWisconsin Supreme Court · 1887

3Cited by13 opinions

  1. In Re Klein's EstateWashington Supreme Court · 1947
  2. In Re Meagher's EstateWashington Supreme Court · 1962
  3. Gerber v. RiemerWisconsin Supreme Court · 1957
  4. Lundquist v. HansonWisconsin Supreme Court · 1931
  5. Wicker v. GundelachWisconsin Supreme Court · 1961

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