Fox v. Martin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-kesha county; James J. Dioe, Circuit Judge. The appeal is from a judgment of the circuit court reversing a judgment of the county court of Waukesha county, respecting the validity of the will of Warren H. Stickney, and decreeing such will void on the ground of undue influence. Ur.
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Appeal from a judgment of the circuit court for Wau-kesha county; James J. Dioe, Circuit Judge. The appeal is from a judgment of the circuit court reversing a judgment of the county court of Waukesha county, respecting the validity of the will of Warren H. Stickney, and decreeing such will void on the ground of undue influence. Ur. Stickney was possessed, of a small amount of personal .property, a farm consisting of 190 acres in Waukesha county, and a tract of land in Dunn county, the latter supposed, from the consideration named in the deed, to have been worth about $900. He had three…
1Opinion of the CourtMaeshall, J.
Is the finding- of fact that the will was procured by undue influence, and for the benefit of Everett and Ida F. Martin, supported by the evidence ? An answer to that is conclusive of this appeal.
The challenged finding, as indicated in the statement of facts, was primarily made by a jury. It became the decision upon which the judgment rests by adoption by the trial court. A careful reading of the evidence fails to disclose the foundation for it, keeping in mind that reasonable probabilities arising from such evidence, excluding mere speculation afld conjecture, must govern. Looking elsewhere…
2Cases cited7 opinions
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Davis v. DeanWisconsin Supreme Court · 1886
- Disch v. TimmWisconsin Supreme Court · 1898
- Watkins v. BrantWisconsin Supreme Court · 1879
- Baker v. BakerWisconsin Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Duthey v. StateWisconsin Supreme Court · 1907
14 more not listed; retrieve them via the Exa API.