Davies v. Davies
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeckee, Circuit Judge. This is an action for the construction of a will. On the 22d of January, 19.00, Dr. John E. Davies, for many years a professor in the University of Wisconsin, residing in the. city of Madison, Wisconsin, died testate, leaving a widow, Olive M. Davies, and one child, the appellant, John E. Davies, eight years of age.
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Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeckee, Circuit Judge. This is an action for the construction of a will. On the 22d of January, 19.00, Dr. John E. Davies, for many years a professor in the University of Wisconsin, residing in the. city of Madison, Wisconsin, died testate, leaving a widow, Olive M. Davies, and one child, the appellant, John E. Davies, eight years of age. He left real and personal property to the value of about $21,000, of-which his homestead in Madison, valued at $8,000, was a part. The widow had no separate estate or means of support of…
1Opinion of the CourtWxNslow, J.
In construing a will, “the intention of the testator is the thing to be sought, and that, when found satisfactorily evinced by the instrument as a whole, is to govern, notwithstanding any technical or literal meaning of particular clauses to the contrary.” Yearn,slum's Appeal, 25 Wis. 21. A construction which gives effect to the will, and prevents either total or partial intestacy, is to be preferred. Lovass v. Olson, 92 Wis. 616. The circumstances surrounding the testator at the time of execution — -such as the condition of his family, and his- relations to his relatives, and *133tbe amount and…
2Cases cited3 opinions
- Blake v. HawkinsSupreme Court of the United States · 1879
- Lovass v. OlsonWisconsin Supreme Court · 1896
- Yearnshaw's AppealWisconsin Supreme Court · 1869
3Cited by14 opinions
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Holmes v. WalterWisconsin Supreme Court · 1903
- Pabst v. GoodrichWisconsin Supreme Court · 1907
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
- In re Will of KopmeierWisconsin Supreme Court · 1902
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