Flood v. Kerwin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county: B. R. DuNwikdie, Circuit Judge. It appears from tbe record, and is undisputed: , That March 29, 1899, Dennis Kerwin died at Ms home, in the town of Exeter, in Green county, — being at the time oyer eighty years of age, — leaving a paper writing of which the following is a copy: “State of Wisconsin, County of Green — ss.: “I, Dennis Kerwin, of the town of Exeter, being of sound mind and memory, and mindful of the…
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Appeal from a judgment of the circuit court for Green county: B. R. DuNwikdie, Circuit Judge. It appears from tbe record, and is undisputed: , That March 29, 1899, Dennis Kerwin died at Ms home, in the town of Exeter, in Green county, — being at the time oyer eighty years of age, — leaving a paper writing of which the following is a copy: “State of Wisconsin, County of Green — ss.: “I, Dennis Kerwin, of the town of Exeter, being of sound mind and memory, and mindful of the uncertainties of human life, do make, publish, and declare this my last will and testament, in manner following: To my…
1Opinion of the CourtCassoday, C. J.
It is claimed 'that the county court acquired no jurisdiction to admit the paper writing in question to probate, for want of the requisite notice to the heirs at law. The statute provides that notice of the time and place of proving the will “be given by personal service on all persons interested at least ten days before the time appointed or by publication in a newspaper as provided in sec. 4045, at least three weeks successively previous to said .time; and no will shall be proved until notice shall be given as herein provided.” Secs. 3787, 3805, Stats. 1898. The only notice here claimed to…
2Cases cited21 opinions
- Patch v. WhiteSupreme Court of the United States · 1886
- Scott v. WestWisconsin Supreme Court · 1885
- Adams v. FieldSupreme Court of Vermont · 1849
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Patton v. LudingtonWisconsin Supreme Court · 1899
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3Cited by10 opinions
- Trusted Integration, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2011
- In re Noon's WillWisconsin Supreme Court · 1902
- Hanley v. KraftczykWisconsin Supreme Court · 1903
- In re Gillmor's WillWisconsin Supreme Court · 1903
- Weaver v. HughesCourt of Appeals of Tennessee · 1943
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