In re Will
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. On the 14th day of March, 1879, in the county of Manito-woc, Michael Lewis died, leaving an instrument, executed by him two days before his death, purporting to be his last will and testament.
Read the full summary
APPEAL from the Circuit Court for Manitowoc County. On the 14th day of March, 1879, in the county of Manito-woc, Michael Lewis died, leaving an instrument, executed by him two days before his death, purporting to be his last will and testament. The instrument and the attestation, thereof are as follows: “ I, Michael Lewis, of Lockport, state of New York, being sound of mind and memory, do hereby make, publish, and declare to be my last will and testament, thereby revoking and making void all former wills by me at any time made heretofore. Jfirst, I order and direct my executors, as soon as…
1Opinion of the CourtLyon, J.
The judgment of the circuit court rests upon two propositions of fact found by the court. These are — first, that the witnesses to the instrument propounded as the iast will of Michael Lewis affixed their signatures thereto before it was signed by Lewis; and second, that when the instrument was so signed by the witnesses, the alleged testator was unable to understand and comprehend what they were doing; that is to say (as we understand the finding), that he had not at that time sound disposing mind and memory.
1. The question of testamentary capacity will first be considered; and for that…
2Cases cited6 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Burnham v. MitchellWisconsin Supreme Court · 1874
- Holden v. MeadowsWisconsin Supreme Court · 1872
- In re the Will of BlakelyWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Williams v. MilesNebraska Supreme Court · 1903
- Will of SmithWisconsin Supreme Court · 1881
- In re Downing's WillWisconsin Supreme Court · 1903
- In re WillWisconsin Supreme Court · 1901
- Williams v. MalmWisconsin Supreme Court · 1912
14 more not listed; retrieve them via the Exa API.