Owens' Appeal in re Pritchard's Will
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. This is a proceeding originally commenced in the Iowa county court, by one Pierce P. Owens, to probate an alleged nuncupative will of one Hugh Pritchard, deceased. After a hearing, that court made an order refusing to admit the same to probate; whereupon Pilis Owens (one of the legatees therein) appealed to the circuit court from such order.
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APPEAL from the Circuit Court for Iowa County. This is a proceeding originally commenced in the Iowa county court, by one Pierce P. Owens, to probate an alleged nuncupative will of one Hugh Pritchard, deceased. After a hearing, that court made an order refusing to admit the same to probate; whereupon Pilis Owens (one of the legatees therein) appealed to the circuit court from such order. Although no formal issue was made up, a jury was called and sworn in the circuit court to determine the questions of fact involved in the proceeding. After the testimony was all in and the matter submitted by…
1Opinion of the Court
' Lyon, J.
A jury was impaneled and sworn in the circuit court on the trial of the matters involved in this proceeding. This was doubtless done pursuant to the provisions of sec. 28, ch. 117, R. S. (Tay. Stats., 1314, § 28). In the Jackman Will Case, 26 Wis., 104, and again in the Chafin Will Case, 32 id., 657, it was held that in such cases the verdict has substantially the effect of a verdict on a feigned. issue in chancery, and hence, if it be clearly contrary to the weight of evidence, it is error to refuse a new trial, although there may be testimony tending to sustain the verdict. On the…
2Cases cited2 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Dawson's AppealWisconsin Supreme Court · 1868
3Cited by5 opinions
- Cannon v. SeyboldtIdaho Supreme Court · 1935
- Williams v. WilliamsWisconsin Supreme Court · 1892
- Ballantine v. ProudfootWisconsin Supreme Court · 1885
- Baird v. BairdSupreme Court of Kansas · 1905
- Godfrey v. SmithNebraska Supreme Court · 1905