Legal Opinion

Will of Smith

Wisconsin Supreme Court

Decided April 11, 1922PublishedCited by 7 opinions

Appeal from a judgment of the county court of Milwaukee county: M. S. Sheridan, Judge. November 22, 1908, Mary Eliot Smith made her will just prior to making a European trip. She was then the owner of certain real estate in the city of Appleton and of certain shares of bank stock and her personal effects. One of the pieces of real estate in Appleton was sold prior to her death.

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Appeal from a judgment of the county court of Milwaukee county: M. S. Sheridan, Judge. November 22, 1908, Mary Eliot Smith made her will just prior to making a European trip. She was then the owner of certain real estate in the city of Appleton and of certain shares of bank stock and her personal effects. One of the pieces of real estate in Appleton was sold prior to her death. In 1917 Mrs. Smith’s father, Robert Eliot of Milwaukee, died intestate, leaving an estate of approximately $350,000, one half of which came to Mrs. Smith and comprised the great bulk of her estate at the time of her…

1Opinion of the Court

The following opinion was filed January 10, 1922:

Esciiweiler, J.

While the will of a testator, when not violating statutory or judicial prohibitions, should be the law of his will, the one here presents difficulties in arriving at any satisfactory conclusion as to what were the mental conclusions of the testatrix, at the time she executed the document, as to' her wishes for the future disposition of her property.

At the time she made her will Mrs. Smith possessed but a relatively small amount of property, principally bank stock and certain real estate in Appleton. Some of the real estate *500was…

2Cases cited16 opinions

  1. Becker v. ChesterWisconsin Supreme Court · 1902
  2. Meyer v. GarthwaiteWisconsin Supreme Court · 1896
  3. Knox v. KnoxWisconsin Supreme Court · 1884
  4. Danforth v. City of OshkoshWisconsin Supreme Court · 1903
  5. Benner v. MauerWisconsin Supreme Court · 1907

11 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. McDonald v. MungerNebraska Supreme Court · 1936
  2. Schuler v. CobeenWisconsin Supreme Court · 1955
  3. Jorge v. Da SilvaSupreme Court of Rhode Island · 1983
  4. Brindley v. FowellWisconsin Supreme Court · 1956
  5. Estate of HorkanWisconsin Supreme Court · 1956

2 more not listed; retrieve them via the Exa API.

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