Legal Opinion

Estate of Staab

Wisconsin Supreme Court

Decided February 5, 1918PublishedCited by 35 opinions

Appeal from an order of the circuit court for Dodge county: MaetiN L. Luece, Circuit Judge. The appeal is from an order affirming the order of the county court of said county dismissing a petition. On June 13,1911, one Clara Staab made what was claimed to be her last will.

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Appeal from an order of the circuit court for Dodge county: MaetiN L. Luece, Circuit Judge. The appeal is from an order affirming the order of the county court of said county dismissing a petition. On June 13,1911, one Clara Staab made what was claimed to be her last will. June 1, 1914, upon hearing in the county court of Dodge county, findings were made to the effect that at the time of the making of the will said Clara Staab was of full age, of sound mind and memory, and that said will was duly executed, and thereupon it was admitted to probate. No appeal was taken from the judgment or…

1Opinion of the CourtEscitweileb, J.

By the cases of Will of Dardis, 135 Wis. 457, 115 N. W. 332, and Will of Rice, 150 Wis. 401, 136 N. W. 956, 137 N. W. 778, it is the declared law of this state that, given a valid will and a lawful declaration by a competent testator as to the manner in which the property that was his is to be disposed of after his death, it is the duty of the court having probate of the estate to carry out the wishes of such testator regardless of the wishes or agreements of those who may be beneficially entitled in the estate; that parties interested in such an estate cannot make a valid and binding…

2Cases cited21 opinions

  1. Cowie v. StrohmeyerWisconsin Supreme Court · 1912
  2. Slaughter v. HeathSupreme Court of Georgia · 1907
  3. Brook v. ChappellWisconsin Supreme Court · 1874
  4. Will on DardisWisconsin Supreme Court · 1908
  5. Small v. ChampenyWisconsin Supreme Court · 1899

16 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Hayden v. NuzumWisconsin Supreme Court · 1925
  2. Estate of Bailey v. CullenWisconsin Supreme Court · 1931
  3. First Wisconsin Trust Co. v. HamburgerWisconsin Supreme Court · 1924
  4. In Matter of Estate of LecicWisconsin Supreme Court · 1981
  5. Bryant v. BryantSupreme Court of Pennsylvania · 1928

30 more not listed; retrieve them via the Exa API.

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