Riege v. Miller
Wisconsin Supreme Court
Appeal from an order of the county court of Dodge county:'E. H. Naber, Judge. Proceedings to revoke the probate of a will. On October 4, 1920,'the will of Christian Laege, deceased, was admitted to probate. Administration proceedings in the usual course were had. A hearing on claims was held; the expenses of the last sickness and the funeral were allowed by the court and paid by the executor.
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Appeal from an order of the county court of Dodge county:'E. H. Naber, Judge. Proceedings to revoke the probate of a will. On October 4, 1920,'the will of Christian Laege, deceased, was admitted to probate. Administration proceedings in the usual course were had. A hearing on claims was held; the expenses of the last sickness and the funeral were allowed by the court and paid by the executor. In July, 1921, a petition tO' revoke the probate of the will was filed, and upon a hearing the court entered an order revoking its probate on the ground that the proof showed the due execution of a later…
1Opinion of the CourtVinje, C. J.
The issue presented by the appeal is one of fact only. The law is well settled that the due execution of a will specifically revoking all former wills revokes them. 28 Ruling Case Law, 172. Under our statutes it is not essential that there should be a revocation clause in the later will. If it is duly executed and shows a change from a former will of disposition of property and disposes of testator’s estate, it operates as a revocation of the former will though there is no revoking clause. Will of Fisher, 4 Wis. 254; Templeton v. Butler, 117 Wis. 455, 94 N. W. 306. And where there is a clause…
2Cases cited3 opinions
- In re Noon's WillWisconsin Supreme Court · 1902
- Templeton v. ButlerWisconsin Supreme Court · 1903
- In re the probate of the last Will & Testament of FisherWisconsin Supreme Court · 1856
3Cited by4 opinions
- Ford's EstateSupreme Court of Pennsylvania · 1930
- Derr v. DerrSupreme Court of Kansas · 1927
- Allen v. BeemerIllinois Supreme Court · 1939
- Eberhardt v. EberhardtWisconsin Supreme Court · 1957