Legal Opinion

Will of Walter

Wisconsin Supreme Court

Decided December 1, 1885PublishedCited by 10 opinions

APPEAL from the Circuit Court for Sheboygan County. An instrument in writing purporting to be the last will and testament of Minna Walter, late of the county of She-boygan, deceased, was presented for probate to the county court of that county by' George V. Whiffen, the executor therein named, and was admitted to probate by that court. The instrument is written in the English language.

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APPEAL from the Circuit Court for Sheboygan County. An instrument in writing purporting to be the last will and testament of Minna Walter, late of the county of She-boygan, deceased, was presented for probate to the county court of that county by' George V. Whiffen, the executor therein named, and was admitted to probate by that court. The instrument is written in the English language. At the time of her death the estate of the testatrix consisted of her wearing apparel, some bedding, and about $1,000 in choses in action. It does not appear that she had any other property at her death. In her…

1Opinion of the CourtLyoN, J.

The learned counsel for the appellants challenges the accuracy of each and every finding of fact except the first, which states the residence of the testatrix and the date of her death, and that portion of the third which finds she was a German and did not understand the English language. He argues with much ingenuity that the testimony fails to prove any of the propositions of fact thus challenged. After an attentive perusal of the testimony we find ourselves unable to agree with counsel. We think that every fact essential to the validity of the will was established by a fair preponderance…

2Cited by10 opinions

  1. Quale v. WhiteWisconsin Supreme Court · 1906
  2. Hawkinson v. OatwayWisconsin Supreme Court · 1910
  3. Estate of Barnes v. HoranWisconsin Supreme Court · 1961
  4. In Re Estate of MalnarWisconsin Supreme Court · 1976
  5. Bell v. DavisSupreme Court of Oklahoma · 1916

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