Will of Weymouth v. Weymouth
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. This is a proceeding to construe the following will: “Superior, Wis., March 6th, 1914. “I, Daniel A. Weymouth, do hereby make my last will and testament: “That it is my wish that all of my property go to my wife' Elizabeth Weymouth so long as she shall remain single.
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Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. This is a proceeding to construe the following will: “Superior, Wis., March 6th, 1914. “I, Daniel A. Weymouth, do hereby make my last will and testament: “That it is my wish that all of my property go to my wife' Elizabeth Weymouth so long as she shall remain single. “In case of her marriage she shall have the homestead known as Nos. 1703-1705 58th St., Superior, Wis., and one third of all other property after all debts and accounts are paid, and the balance to go to my brothers and sisters. “L.…
1Opinion of the Court
Tbe following opinion was filed February 13, 1911:
Kerwin, J.
Tbe controversy bere is upon tbe construction of tbe will of Daniel A. Weymoutb. There is practically no dispute upon tbe facts. Tbe question arising upon construction of tbe will is one of intention of tbe testator.
It is established that tbe proponent was married to Grilling and had not been divorced; that tbe testator, Daniel A. Wey-moutb, believed that Grilling was dead. But it also seems quite clear from the evidence and findings that be did not know that be was dead and must have realized that he might be living at tbe time of…
2Cases cited25 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Roberts v. LewisSupreme Court of the United States · 1894
- In re Moran's WillWisconsin Supreme Court · 1903
- Little v. GilesNebraska Supreme Court · 1889
- Jones's EstateSupreme Court of Pennsylvania · 1905
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3Cited by8 opinions
- Woehler v. BohnertWisconsin Supreme Court · 1934
- Robertson v. JonesSupreme Court of Missouri · 1940
- Guerin v. UphoffWisconsin Supreme Court · 1939
- Anderson v. AndersonOregon Supreme Court · 1935
- Ritchie v. BrindleyWisconsin Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.