Will of Carroll
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wazdcesha County. The county court of said county having admitted to probate an instrument purporting to be the last will and testament of Patrick Carroll, deceased, an appeal was taken from that order to the circuit court by Mary Carroll Clancy, a daughter and heir-at-law of the decedent.
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APPEAL from the Circuit Court for Wazdcesha County. The county court of said county having admitted to probate an instrument purporting to be the last will and testament of Patrick Carroll, deceased, an appeal was taken from that order to the circuit court by Mary Carroll Clancy, a daughter and heir-at-law of the decedent. The original will was not included in the retnrn made by the county court to the circuit court, hut only a copy thereof; but the original appears to have been produced by the county judge at the trial, and identified by witnesses. At the close of the evidence the circuit…
1Opinion of the CourtOetost, J.
The original will need not be returned to the circuit court on the appeal. The statute provides only for “a certified copy of the record and proceedings.” E. S., sec. 4033. It might be proper for the county court to transmit to the circuit court, as a part of the return, the original will, when *440objections to its validity are predicated upon tbe manner of its execution, and the inspection of the original is necessary. In re Wilson, 8 Wis., 172. But this was not such a case.
It appears from the record returned to this court, that all of the issues upon which the contest of the probate was tried…
2Cases cited1 opinion
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
3Cited by15 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Taylor v. CollinsWisconsin Supreme Court · 1881
- Will of SmithWisconsin Supreme Court · 1881
- McMaster v. ScrivenWisconsin Supreme Court · 1893
- Reeves v. HowardSupreme Court of Iowa · 1902
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