Gertsen v. Clementson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Grant county: Geoege ClemeNTSOW, Circuit Judge. Emer Gertsen died testate at ber borne in Cheyenne county, Nebraska, leaving property there and in Grant county, Wisconsin. Sbe left a husband, who was ber sole beneficiary, and two grandchildren, Albert and Charles Edwards, who were interested in ber estate contingent upon tbe validity of tbe will. They were never residents of Nebraska.
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Appeal from a judgment of tbe circuit court for Grant county: Geoege ClemeNTSOW, Circuit Judge. Emer Gertsen died testate at ber borne in Cheyenne county, Nebraska, leaving property there and in Grant county, Wisconsin. Sbe left a husband, who was ber sole beneficiary, and two grandchildren, Albert and Charles Edwards, who were interested in ber estate contingent upon tbe validity of tbe will. They were never residents of Nebraska. Proceedings were duly and successfully bad in tbe borne state to admit tbe will to probate, constructive notice only being given to absent interested parties. Tbe…
1Opinion of the CourtMabshall, J.
Tbe judgment cannot be affirmed without a judicial repeal of sec. 3790, Stats. 1898. That statute is plain; it is constitutional ;• it is mandatory. All its provisions up to the decision of tbe court complained of were fully complied witb. Then, whereas tbe statute says “tbe will shall have the same force and effect as if it bad been originally proved and allowed in tbe same court,” tbe learned court said otherwise, and such is tbe effect of tbe judgment before us.
Tbe mistake was made, it seems, by looking to tbe essentials of a valid original probate of a will in this state, instead of such…
2Cited by4 opinions
- Cowan v. BeanWisconsin Supreme Court · 1914
- Gailey v. BrownWisconsin Supreme Court · 1919
- Estate of MuellenschladerWisconsin Supreme Court · 1908
- Hebblewhite v. ScottWisconsin Supreme Court · 1938