Will of Silverthorn
Wisconsin Supreme Court
APPEAL from the Circuit Court'for Winnebago County. An instrument purporting to be the last will and testament of Levi Silverthorn was presented to the county court for probate by Levi J. Silverthorn, one of the executors named therein. The probate thereof was opposed by Rebeeea Silverthorn, the widow of the alleged testator; After a hearing, the county court admitted the instrument to probate.
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APPEAL from the Circuit Court'for Winnebago County. An instrument purporting to be the last will and testament of Levi Silverthorn was presented to the county court for probate by Levi J. Silverthorn, one of the executors named therein. The probate thereof was opposed by Rebeeea Silverthorn, the widow of the alleged testator; After a hearing, the county court admitted the instrument to probate. Mrs. Silverthorn thereupon appealed to the circuit court, and the matter was tried in that court. After the trial the court made and filedjRe following findings of fact: “ (1) That Levi Silverthorn…
1Opinion of the CourtLyon, J.
1. The main question presented by this appeal is, Was Levi Silverthorn, the alleged testator, of sound and disposing mind and memory when he executed the instrument propounded and probated as his last will and testa,ment? As is usual in cases in which testators who, when they executed their respective wills, were on the border-line between mental competency and incompetency, the opinions of witnesses in this case as to the mental status of Levi Silverthorn are in conflict. This results from the different circumstances under which they saw him, and bis various mental conditions at different…
2Cases cited2 opinions
- Will of SmithWisconsin Supreme Court · 1881
- Nelson v. NugentWisconsin Supreme Court · 1900
3Cited by12 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- In re Valentine's WillWisconsin Supreme Court · 1896
- Allen v. GriffinWisconsin Supreme Court · 1887
- Wood v. WoodWyoming Supreme Court · 1917
- Estate of O'LoughlinWisconsin Supreme Court · 1971
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