Legal Opinion

Quale v. White

Wisconsin Supreme Court

Decided April 17, 1906PublishedCited by 14 opinions

Appeal from a judgment of the circuit court for Pierce county: E. W. Helms, Oircuit Judge. Ole Ameson, about eighty years old, and his wife two years younger, had emigrated to this country in 1869, and for about fourteen years before his death had lived in the village of Martell, Pierce county, Wisconsin, where they maintained ordinary neighborly acquaintance with the residuary legatee, Quale.

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Appeal from a judgment of the circuit court for Pierce county: E. W. Helms, Oircuit Judge. Ole Ameson, about eighty years old, and his wife two years younger, had emigrated to this country in 1869, and for about fourteen years before his death had lived in the village of Martell, Pierce county, Wisconsin, where they maintained ordinary neighborly acquaintance with the residuary legatee, Quale. Mrs. Arneson was taken seriously ill and the couple came to Quale1's house at his request. ■ Mrs. Ameson died at the end of about ten days after the removal. The testator remained there until his death…

1Opinion of the CourtDodge, J.

Upon the issues of fact we find no clear or overwhelming preponderance of evidence against the findings, which, therefore, conclude us unless it appear that error was committed by wrong application of rules of law.

It is urged that the will cannot be valid, couched as it was in the English language which the testator did not understand. Out of some contrariety of authority this court has decided that such fact is not an insuperable obstacle to the validity of a testament. Will of Walter, 64 Wis. 487, 25 N. W. 538. Of course in such a case -it should appear clearly that the testator was…

2Cases cited3 opinions

  1. Vance v. DavisWisconsin Supreme Court · 1903
  2. Will of WalterWisconsin Supreme Court · 1885
  3. In re Gillmor's WillWisconsin Supreme Court · 1903

3Cited by14 opinions

  1. Ross v. TaylorSouth Dakota Supreme Court · 1917
  2. Will of MareshWisconsin Supreme Court · 1922
  3. Williams v. MalmWisconsin Supreme Court · 1912
  4. Hawkinson v. OatwayWisconsin Supreme Court · 1910
  5. In Re Estate of MalnarWisconsin Supreme Court · 1976

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