Elliott v. Fisk
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: E. 0. Higbee, Circuit Judge. Action to probate a will. July 25, 1913, John H. Elliott died. Eour hours previous to his death he executed a will leaving $500 to O. W. Fish, the proponent, and the remainder of his property, of the value of about $1,500, to one Jess McCullough.
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Appeal from a judgment of the circuit court for Monroe county: E. 0. Higbee, Circuit Judge. Action to probate a will. July 25, 1913, John H. Elliott died. Eour hours previous to his death he executed a will leaving $500 to O. W. Fish, the proponent, and the remainder of his property, of the value of about $1,500, to one Jess McCullough. Phillip Elliott, the father of the deceased, contested the probate of the will on the ground of lack of testamentary capacity on the part of the testator and undue influence on the part of the legatees. The contestant has died since this appeal was taken and…
1Opinion of the Court
The following opinion was filed December I, 1915:
Yxhjb, J.
The testator was a bachelor sixty-four years of age at the time of his death. His mother died in 1868 leaving a farm of the present value of about $15,000. ITis father married again and was living on the farm as tenant by the curtesy. He has died since this action began and an administratrix of his estate has been duly appointed and substituted in his place as contestant. The testator had a one-seventh interest in his mother’s farm subject to his father’s estate by the curtesy, and it appears that at various times he expressed…
2Cases cited4 opinions
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Duncan v. MetcalfWisconsin Supreme Court · 1913
- Skrinsrud v. SchwennWisconsin Supreme Court · 1914
- Gunderson v. RogersWisconsin Supreme Court · 1915
3Cited by19 opinions
- Kuehn v. KuehnWisconsin Supreme Court · 1960
- Gardiner v. GoertnerSupreme Court of Florida · 1932
- Estate of LarsenWisconsin Supreme Court · 1959
- Freitag v. SolversonWisconsin Supreme Court · 1960
- Stanley v. StanleyWisconsin Supreme Court · 1937
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