Williams v. Malm
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. B, Belden, Circuit Judge. A certain instrument in writing hearing date August 6, 1887, was prepared by one Benedict, now deceased, as the last will of Charles Grant and Mary C. Grant, to which was subscribed the name of Charles Grant in his own handwriting, and that of Mary 0. Grant by mark, said persons being husband and wife, the instrument purporting to be a joint will.
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Appeal from a judgment of the circuit court for Kenosha county: E. B, Belden, Circuit Judge. A certain instrument in writing hearing date August 6, 1887, was prepared by one Benedict, now deceased, as the last will of Charles Grant and Mary C. Grant, to which was subscribed the name of Charles Grant in his own handwriting, and that of Mary 0. Grant by mark, said persons being husband and wife, the instrument purporting to be a joint will. Charles Grant died September 27,1887, and his will was duly proved and admitted to probate by the county court of Ke-nosha county on November 1, 1887. Mary…
1Opinion of the CourtBabwes, J.
The circuit coitrt found that the deceased, Mary C. Grant, did not sign the will in question and did not make the mark standing for her signature, but that the name *332was written and the mark was made by the scrivener, Daniel B. Benedict, who drew the will; that said Benedict did not sign the will as a witness in the presence of the testatrix nor at her express direction; that the will was not attested and subscribed in the presence of the testatrix by two competent witnesses y and that the instrument was not duly executed as the will of Mary C. Grant. If these'findings of fact are sustained by…
2Cases cited4 opinions
- In re WillWisconsin Supreme Court · 1881
- Quale v. WhiteWisconsin Supreme Court · 1906
- In re Gillmor's WillWisconsin Supreme Court · 1903
- Adams v. RodmanWisconsin Supreme Court · 1899
3Cited by14 opinions
- In Re Wah-Kon-Tah-He-Um-Pah's EstateSupreme Court of Oklahoma · 1924
- Ross v. TaylorSouth Dakota Supreme Court · 1917
- Olszewski v. BorekWisconsin Supreme Court · 1948
- Estate of Lagershausen v. KustaWisconsin Supreme Court · 1937
- Hauer v. HauerSouth Dakota Supreme Court · 1922
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