Jackman Will Case
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The decision of this court on a previous appeal in this cause from the judgment of said circuit court, will be found in 26 Wis. pp. 104-142. After the cause was remitted for a new trial, the court made an order, on the application of the proponents of the will, directing that the place of trial of the issues of fact in the cause should be changed to the circuit court for Racine county, on the ground that a fair and impartial…
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APPEAL from the Circuit Court for Rock County. The decision of this court on a previous appeal in this cause from the judgment of said circuit court, will be found in 26 Wis. pp. 104-142. After the cause was remitted for a new trial, the court made an order, on the application of the proponents of the will, directing that the place of trial of the issues of fact in the cause should be changed to the circuit court for Racine county, on the ground that a fair and impartial trial thereof could not be had in Rock county. From this order the contestant, Hiram Jackman, appealed. The evidence upon…
1Opinion of the CourtCole, J.
The first objection taken to the order appealed from is, that the statutes in cases of this character do not authorize a change of the place of trial. The question involved in the proceedings is, whether a certain paper, which has been produced to the county court of Rock county, shall be admitted to probate as the last will and testament of Timothy Jackman, deceased It is claimed by those contesting the validity of the will, that it was procured by means of the undue influence exercised by Mrs. Jackman over the testator. There has been one trial of the cause in the circuit court by a jury,…
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