Will of Jenkins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. A written instrument purporting to be the last will and testament of Susan Jenldns, late of Iowa county, deceased, was presented for probate to the county court of that county, and was admitted to probate by that court. One William .Hodges, an heir-at-law of the testatrix, appealed to the circuit court from the judgment of the county court in that behalf.
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APPEAL from the Circuit Court for Iowa County. A written instrument purporting to be the last will and testament of Susan Jenldns, late of Iowa county, deceased, was presented for probate to the county court of that county, and was admitted to probate by that court. One William .Hodges, an heir-at-law of the testatrix, appealed to the circuit court from the judgment of the county court in that behalf. The appeal was tried in the circuit court, and resulted in a judgment reversing the judgment of the county court and denying probate to the proposed will. Henry Prideaux, who is named as…
1Opinion of the CourtLyon, J.
As to the signing of the instrument propounded as the last will and testament of Mrs. Jenkins, it is sufficient to say that, under our statute of wills (R. S., ch. 93, sec. 5), it was a valid signing by the testatrix if Mr. Reese wrote her name thereto in her presence and by her express direction, or if she affixed her mark thereto. 1 Jarman on Wills (2 Am. ed.), 118; 1 Redfield on Wills, 203 (ch. VI, § 18), and cases cited in notes.
The main question litigated on the trial was, whether Mrs. Jenkins had sufficient mental capacity to make a valid testa*612mentary disposition of her property when…
2Cases cited1 opinion
- Holden v. MeadowsWisconsin Supreme Court · 1872
3Cited by12 opinions
- In re Will of HuntWisconsin Supreme Court · 1904
- Allen v. GriffinWisconsin Supreme Court · 1887
- Will of MeurerWisconsin Supreme Court · 1878
- In re WillWisconsin Supreme Court · 1881
- Scott v. HawkSupreme Court of Iowa · 1898
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