Craite v. Morneau
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Barron county: W. R. Foley, Circuit Judge. The appeal is from a judgment of the circuit court affirming a judgment of the county court admitting to probate an instrument purporting to be the last will and testament of John Derusseau, deceased. The will in question was executed on April 29, 1912, the respondent being named sole beneficiary and the appellants, brothers and sisters of the deceased, being expressly excluded.
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Appeal from a judgment of the circuit court for Barron county: W. R. Foley, Circuit Judge. The appeal is from a judgment of the circuit court affirming a judgment of the county court admitting to probate an instrument purporting to be the last will and testament of John Derusseau, deceased. The will in question was executed on April 29, 1912, the respondent being named sole beneficiary and the appellants, brothers and sisters of the deceased, being expressly excluded. At the same time a contract was entered into between the respondent and the deceased whereby the respondent, in consideration…
1Opinion of the CourtJones, J.
If it were not for the testimony that the deceased had suffered from epilepsy since childhood, the facts in this case would call for very little discussion.
The testimony given by relatives as to the peculiarities, forgetfulness, lack of reliability, and foolishness in conversation which they attributed to the deceased was far outweighed by evidence given by disinterested witnesses concerning his general intelligence and especially his ability to attend to his business affairs. Except for an item of evidence by one of his relatives that he had forgotten a small loan he had made, there is no…
2Cases cited4 opinions
- In re WillWisconsin Supreme Court · 1881
- Dusek v. OnufreyWisconsin Supreme Court · 1919
- In re the Will of JohnsonNew York Surrogate's Court · 1894
- In re Rapplee's WillNew York Supreme Court · 1893
3Cited by5 opinions
- Schmalz v. McKennaWisconsin Supreme Court · 1973
- Trotter v. TrotterMississippi Supreme Court · 1986
- Wagner v. WegnerWisconsin Supreme Court · 1925
- Watson v. JacksonCourt of Appeals of Texas · 1927
- Wexler v. WexlerSouth Dakota Supreme Court · 1962