In re Will
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. This is a contest over the probate of the alleged will of William Butler, deceased. The contestants are adult children of the decedent, and they allege lack of mental capacity on the part of the deceased, as well as undue influence.
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Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. This is a contest over the probate of the alleged will of William Butler, deceased. The contestants are adult children of the decedent, and they allege lack of mental capacity on the part of the deceased, as well as undue influence. The will was admitted to probate in the county court of Waukesha county, and the appellant, Templeton, who is named as executor in the will, duly qualified and received letters testamentary. Upon appeal to the circuit court the issues were tried by a jury, and the jury…
1Opinion of the CourtWiNslow, J.
A preliminary objection is made by the respondents that the executor is not aggrieved by the judgment refusing to probate the will, and hence cannot appeal. The principles stated in the case of In re Luscombe’s Will, 109 Wis. 186, are decisive against .this contention. In that case the appellant was a testamentary trustee who appealed from a judgment cutting off the rights of unborn cestuis gue trustent, and it was held that the trustee was both entitled and bound to protect their possible rights by appealing. Here the appellant is an executor who has qualified and entered upon the duties of…
2Cases cited5 opinions
- In re WillWisconsin Supreme Court · 1881
- In re Guardianship of WelchWisconsin Supreme Court · 1900
- In re Luscombe's WillWisconsin Supreme Court · 1901
- Hesterberg v. ClarkIllinois Supreme Court · 1897
- Crawford v. ChristianWisconsin Supreme Court · 1899
3Cited by23 opinions
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Duthey v. StateWisconsin Supreme Court · 1907
- Gevers v. SchwarzWisconsin Supreme Court · 1932
- In re Downing's WillWisconsin Supreme Court · 1903
- Church of St. Vincent De Paul v. BrannanSupreme Court of Minnesota · 1906
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