Adams v. Rodman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for "Wal-worth county: W. F. Bailey, Judge. A will contest. There were three witnesses to the will.
Read the full summary
Appeal from a judgment of the circuit court for "Wal-worth county: W. F. Bailey, Judge. A will contest. There were three witnesses to the will. The formal parts of the execution and attestation were perfect, hut it was contended that the instrument was put in form by one Silas W. Menzie at the law office of himself and father, and there signed by said Menzie and the testator, and that it was then taken by one Whalen to the residence of the elder Menzie for examination, where it was approved • by him, and then by him and said Whalen signed as witnesses in the absence of the testator. The…
1Opinion of the CourtMarshall, J.
The sole question that requires consideration on this appeal is, Does the evidence clearly preponderate against the finding of the trial court that neither the witness James Whalen nor the witness R. R. Menzie attested the execution of Rodman’s will in his presence ? Substantially all the direct evidence supports that finding. Three witnesses signed the attesting clause. One, R. R. Menzie, died before the will was presented for probate. The two surviving witnesses both testified to the effect that neither the deceased Menzie nor the witness Whalen signed in the presence of the testator. There…
2Cited by7 opinions
- Will of MareshWisconsin Supreme Court · 1922
- Williams v. MalmWisconsin Supreme Court · 1912
- Rodman v. RodmanWisconsin Supreme Court · 1901
- Wendt v. ZiegenhagenWisconsin Supreme Court · 1912
- In re Gillmor's WillWisconsin Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.