Frame v. Plumb
Wisconsin Supreme Court
Appeals from a judgment of the eircuit court for "Wauke-sha county: Mabtiw L. Lueck, Circuit Judgfe. Cross-appeals from a judgment of the circuit court on appeal from the county court of said 'county admitting to probate an instrument purporting to be the last will and testament of Elizabeth McNaughton.
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Appeals from a judgment of the eircuit court for "Wauke-sha county: Mabtiw L. Lueck, Circuit Judgfe. Cross-appeals from a judgment of the circuit court on appeal from the county court of said 'county admitting to probate an instrument purporting to be the last will and testament of Elizabeth McNaughton. Proceedings to establish the will were instituted in such county court October 2, 1906. Therein Ina Jane Plumb and John Qlyde Plumb, minors and the heirs at law of the deceased, represented by their guardian ad litem, D. 8. Tullar, an attorney at law, contested the will upon the ground that…
1Opinion of the Court
The following opinion was filed December 15, 1908:
Marshall, J.
As indicated in the statement, Mr. Frame was not an officer of the college when he testified. So he was a competent witness respecting what occurred between himself and the testatrix, as regards the disability of corporate officers to testify under ch. 197, Laws of 1907.
The statute deals with the condition when a witness is offered. Though Mr. Frame was competent respecting the transaction he testified to till after the commencement of the litigation, it did not prevent him being rendered incompetent before the trial by a statute…
2Cases cited40 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- In re Donges's EstateWisconsin Supreme Court · 1899
- Downing v. . MarshallNew York Court of Appeals · 1867
- Becker v. ChesterWisconsin Supreme Court · 1902
- Gott v. CookNew York Court of Chancery · 1839
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3Cited by35 opinions
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