Templeton v. Butler
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. Suit upon two notes Reid by William Butler, plaintiffs testator, in bis lifetime — one dated September 5, 1895, for $290, due in one year, witb five per cent, interest; tbe other dated April 13, 1897, for $1,465, due in three years, with five per cent, interest.
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Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. Suit upon two notes Reid by William Butler, plaintiffs testator, in bis lifetime — one dated September 5, 1895, for $290, due in one year, witb five per cent, interest; tbe other dated April 13, 1897, for $1,465, due in three years, with five per cent, interest. William Butler died February 25, 1900. The defense consisted, first, of an allegation that these moneys were an advancement to the defendant, a son of the testator; secondly, that on October 13, 1898,.in consideration of a promise on the…
1Opinion of the CourtDodge, J.
The verdict establishes simply that there is unpaid upon the conceded promissory notes of the defendant $2,040.68, and that the deceased, William Butler, -in his lifetime, executed the paper quoted in the statement of facts; Upon these facts alone the plaintiff is entitled to a judgment, unless that paper, according to its terms, has annulled and *457•discharged defendant’s liability. The contention of the appellant is against any such effect on the ground that the document is, according to its terms and the proof of its execution, only a will, and therefore is revolted by the subsequent will…
2Cases cited8 opinions
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Leaver v. GaussSupreme Court of Iowa · 1883
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- Smith v. HoldenSupreme Court of Kansas · 1897
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