Will of Griffith v. Griffith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: George Grimm, Circuit Judge. Proceedings were commenced in the county court for probate of an instrument purporting to be the last will of Agnes Griffith, deceased. It was refused. The proponent, Julia Enright, sister of the deceased, appealed to the circuit court. The result was that the decision of the county court was reversed and judgment entered directing probate of the will.
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Appeal from a judgment of the circuit court for Jefferson county: George Grimm, Circuit Judge. Proceedings were commenced in the county court for probate of an instrument purporting to be the last will of Agnes Griffith, deceased. It was refused. The proponent, Julia Enright, sister of the deceased, appealed to the circuit court. The result was that the decision of the county court was reversed and judgment entered directing probate of the will. These, in substance, among others, were found as facts: About 7:30 p. m. April 9, 1914, Agnes Griffith, aged forty-nine years, died at her residence…
1Opinion of the CourtMarshall, J.
It is first suggested that the will is fatally defective because of the witnesses not having signed at the *605request of the deceased. True, there was no evidence of an express request for the signing; hut that was not essential. The court found that there was an implied request and that is amply sustained by the evidence, and further, as is the fact, that the testatrix assented to the signing.’ Either is sufficient. Will of Meurer, 44 Wis. 392, 399; Shinner v. American Bible Soc. 92 Wis. 209, 213, 65 N. W. 1037; Huff v. Huff, 41 Ga. 696, 703; Coffin v. Coffin, 23 N. Y. 9; Cross v. Burneston, 91…
2Cases cited20 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Nunnemacher v. StateWisconsin Supreme Court · 1906
- Coffin v. . CoffinNew York Court of Appeals · 1861
- In Re Estate of SilvaCalifornia Supreme Court · 1915
- Will on DardisWisconsin Supreme Court · 1908
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3Cited by11 opinions
- Will of MareshWisconsin Supreme Court · 1922
- In Re Holland's EstateOregon Supreme Court · 1946
- Estate of Lagershausen v. KustaWisconsin Supreme Court · 1937
- Tallmadge v. ZivnuskaWisconsin Supreme Court · 1937
- Estate of McCarthyWisconsin Supreme Court · 1953
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