In re Gillmor's Will
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chippewa county: A. The appeal is from a judgment of the circuit court, which, in reversal of the county court for Chippewa county, admitted to probate a proposed will of George A. Gillmor, who died December 23, 1900. The instrument bore date June 11, 1889. The two attesting witnesses subscribed a certificate declaring the instrument to have been “signed, published, and declared by the said testator to be his will and…
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Appeal from a judgment of the circuit court for Chippewa county: A. The appeal is from a judgment of the circuit court, which, in reversal of the county court for Chippewa county, admitted to probate a proposed will of George A. Gillmor, who died December 23, 1900. The instrument bore date June 11, 1889. The two attesting witnesses subscribed a certificate declaring the instrument to have been “signed, published, and declared by the said testator to be his will and testament, in the presence of us, who have signed our names at his request and by his express direction as witnesses thereto, in…
1Opinion of the CourtDodge, J.
The rule of law is thoroughly well established in this state that the subscription and attestation of a will by witnesses who declare, over their signatures, acts essential to the due execution of the instrument, raise a strong presumption in favor of the fact, and that such presumption can be overcome only by clear and convincing proof to the contrary, and that mere indefiniteness of recollection will not suffice. “A will purporting on its face to be legally executed should not be defeated on any doubtful or inconclusive parol proof that it was not legally executed.” In re Meurer's Will, 44…
2Cases cited6 opinions
- Allen v. GriffinWisconsin Supreme Court · 1887
- Will of MeurerWisconsin Supreme Court · 1878
- In re WillWisconsin Supreme Court · 1881
- Will of O'HaganWisconsin Supreme Court · 1888
- Flood v. KerwinWisconsin Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Quale v. WhiteWisconsin Supreme Court · 1906
- Will of MareshWisconsin Supreme Court · 1922
- Williams v. MalmWisconsin Supreme Court · 1912
- Hanley v. KraftczykWisconsin Supreme Court · 1903
- Hawkinson v. OatwayWisconsin Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.