Cowan v. Bean
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubnell, Circuit Judge. This action involves a will contest.
Read the full summary
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubnell, Circuit Judge. This action involves a will contest. The testatrix, Ann Bean, made her will on July 13, 1910, and died in July, 1912. On July 8, 1910, a petition was filed in the county court of Winnebago county for the appointment of a guardian for Ann Bean, which alleged among other things that she was mentally incompetent because of total blindness which had existed for more than twenty-five years, because of her advanced age and of a recent accident which she had suffered, and because of physical disability…
1Opinion of the Court
Babiíes, J.
This case involves a question of fact pure and simple. It has been carefully tried by a capable county judge of recognized ability who has long been an honored member of the bar of this court. It has been tried a second time by an able and experienced circuit judge, who has reached the same conclusion as did the county judge. We approach the matter of overturning the findings of fact made by these two courts, with some misgivings. The findings may not be disturbed unless they are against the clear preponderance of the evidence, and there is certainly some evidence to support them.…
2Cases cited4 opinions
- Will of ColeWisconsin Supreme Court · 1880
- In re the Will of BlakelyWisconsin Supreme Court · 1880
- Will of SilverthornWisconsin Supreme Court · 1887
- Gertsen v. ClementsonWisconsin Supreme Court · 1906
3Cited by8 opinions
- Newman v. SmithSupreme Court of Florida · 1918
- Estate of StaabWisconsin Supreme Court · 1918
- Gilmer v. BrownSupreme Court of Virginia · 1947
- Fourth National Bank v. DiverSupreme Court of Kansas · 1930
- Roether v. RoetherWisconsin Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.