Hawkinson v. Oatway
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Fay-ette county: Geoeoe Clem:eNtsoN, Circuit Judge. Appeal from probate of alleged will of Christian Hawhin-son, dated September 5, 1896, to wbicb his name appears in the handwriting of the scrivener, Michael Doyle, who is also the first subscribing witness. The will bears a full attestation clause certifying, inter alia, tbe signing by Christian Hawkinson.
Read the full summary
Appeal from a judgment of tbe circuit court for La Fay-ette county: Geoeoe Clem:eNtsoN, Circuit Judge. Appeal from probate of alleged will of Christian Hawhin-son, dated September 5, 1896, to wbicb his name appears in the handwriting of the scrivener, Michael Doyle, who is also the first subscribing witness. The will bears a full attestation clause certifying, inter alia, tbe signing by Christian Hawkinson. His name as subscribed to the will is interrupted by a cross and the words “his mark.” There is no bill of exceptions, and the court made certain findings of fact which in the main are…
1Opinion of the CourtDodge, J.
The judgment is prima facie erroneous because not supported by the findings. Before a will can be-admitted to probate and before there can properly be any conclusion of law that an instrument “is the last will and testament” of any one, it is essential that the court must be convinced that the testator signed it in the presence of witnesses and that they attested with the formalities prescribed by law. The trial court is required by statute to make written decision declaring his finding on this subject. Young v. Miner, 141 Wis. 501, 124 N. W. 660. Why the trial court should have refrained…
2Cases cited31 opinions
- In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
- Snider v. BurksSupreme Court of Alabama · 1887
- Stevens v. LeonardIndiana Supreme Court · 1900
- Mead v. Trustees of Presbyterian ChurchIllinois Supreme Court · 1907
- Brown v. GriswoldWisconsin Supreme Court · 1901
26 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kelly v. TrehySupreme Court of Virginia · 1922
- Estate of PitcairnCalifornia Supreme Court · 1936
- Flynn v. FlynnIllinois Supreme Court · 1918
- Estate of MonksCalifornia Court of Appeal · 1941
- Will of MareshWisconsin Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.