Legal Opinion

In re Noon's Will

Wisconsin Supreme Court

Decided September 23, 1902PublishedCited by 14 opinions

Appeal from a judgment of the circuit court for Rock county: B. E. DuNwiddie, Circuit Judge. Patrick Noon, of Rock county, Wisconsin, died at his home on November 17, 1899. On March 7, 1895, he had a will drawn and duly executed, disposing of his property. On March 18, 1896, he executed a codicil to his will, and then left the same with the county judge of Rock county. At that time he had two daughters, Maury Flynn and Katherine Bangdon, his only heirs at law.

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Appeal from a judgment of the circuit court for Rock county: B. E. DuNwiddie, Circuit Judge. Patrick Noon, of Rock county, Wisconsin, died at his home on November 17, 1899. On March 7, 1895, he had a will drawn and duly executed, disposing of his property. On March 18, 1896, he executed a codicil to his will, and then left the same with the county judge of Rock county. At that time he had two daughters, Maury Flynn and Katherine Bangdon, his only heirs at law. July 17, 1897, Katherine died, leaving a son, William, and three daughters, besides her husband. March 4, 1898, Mr. Noon withdrew said…

1Opinion of the CourtBardeeN., J.

Both the county and circuit courts found that the second will executed hy the deceased contained a clause revoking all former wills. This fact is challenged by the appellants, but, inasmuch as all the testimony in the case on that subject is to the effect that such a clause was contained therein, we cannot disturb the finding. Sec. 2290, Stats. 1898, provides, in substance, that no will shall be revoked unless by burning, tearing, canceling, or obliterating the same with intention to revoke, or by some other will or codicil in writing, executed as the law requires. Therefore, where a second…

2Cases cited7 opinions

  1. Cheever v. NorthMichigan Supreme Court · 1895
  2. Dudley v. GatesMichigan Supreme Court · 1900
  3. Allen v. GriffinWisconsin Supreme Court · 1887
  4. Skinner v. American Bible SocietyWisconsin Supreme Court · 1896
  5. Scott v. FinkMichigan Supreme Court · 1881

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

3Cited by14 opinions

  1. Ford's EstateSupreme Court of Pennsylvania · 1930
  2. Collins v. CollinsOhio Supreme Court · 1924
  3. Estate of YahnWisconsin Supreme Court · 1951
  4. Danley v. JeffersonMichigan Supreme Court · 1908
  5. Will of ZychWisconsin Supreme Court · 1947

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

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