Patterson v. Fuller
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: Martin L. Lueck, Circuit Judge. This is an appeal from a judgment entered in the court .below on the 25th day of February, 1918, refusing probate of an instrument propounded as the will of Isaac N. Judson, deceased, and appointing an administrator in said estate.
Read the full summary
Appeal from a judgment of the circuit court for Wauke-sha county: Martin L. Lueck, Circuit Judge. This is an appeal from a judgment entered in the court .below on the 25th day of February, 1918, refusing probate of an instrument propounded as the will of Isaac N. Judson, deceased, and appointing an administrator in said estate. The petition for administration, among other things, stated upon information and belief that a certain instrument in writing purporting to be a will of said deceased existed, and that petitioner had no information as to the validity thereof, therefore alleged the same…
1Opinion of the CourtKerwin, J.
The will in this case became inoperative because the legatees named therein predeceased the testator, *364therefore it was proper to grant administration upon the estate of the alleged testator, Isaac N. Judson.
The principal question involved here is whether there was an implied revocation of the will. It seems to be well settled at common law that where the legatees all predecease the testator all the provisions of the will lapse and it becomes impliedly revoked. Cleaver v. Cleaver, 39 Wis. 96; Koerber v. Patek, 123 Wis. 453, 102 N. W. 40; Estate of Sander, 126 Wis. 660, 105 N. W. 1064; Wapello…
2Cases cited12 opinions
- Koerber v. PatekWisconsin Supreme Court · 1904
- Van Beuren v. . DashNew York Court of Appeals · 1864
- Holmes v. WalterWisconsin Supreme Court · 1903
- Will of EhlersWisconsin Supreme Court · 1913
- Cleaver v. CleaverWisconsin Supreme Court · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hoermann v. HoermannWisconsin Supreme Court · 1940
- Battles v. HackettWisconsin Supreme Court · 1922
- Estate of Mangel v. StrongWisconsin Supreme Court · 1971
- Will of JohnsonWisconsin Supreme Court · 1929
- Britt v. GarfootWisconsin Supreme Court · 1946
2 more not listed; retrieve them via the Exa API.