Goerke v. Goerke
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wcmkesha County. An instrument purporting to be the last will and testament of John Christoph Goerke, dated December 7, 1889, and attested by T. 0. Martin and John J. Wolf, of Wauke-sha, Wisconsin, was offered for probate to the county court of Waukesha county, by Frederick Goerke, a son of the testator, and was by said court admitted to probate. Ella Goerke and Arthur Goerke appealed from the order of the county court.
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APPEAL from the Circuit Court for Wcmkesha County. An instrument purporting to be the last will and testament of John Christoph Goerke, dated December 7, 1889, and attested by T. 0. Martin and John J. Wolf, of Wauke-sha, Wisconsin, was offered for probate to the county court of Waukesha county, by Frederick Goerke, a son of the testator, and was by said court admitted to probate. Ella Goerke and Arthur Goerke appealed from the order of the county court. Upon the appeal, at the close of the testimony, the circuit court submitted to a jury the question, “ Did the testator, at the time of the…
1Opinion of the Court
Coíe, C. J.
For the purposes of this case we shall assume that the exceptions taken are sufficient to raise the questions discussed by counsel. The first and most important question relates to the exclusion of the evidence of the proponent as to what took place at the time of the making of the will offered for probate. This testimony was material, and, if erroneously excluded, the proponent has just ground to complain of the ruling in that regard.
The proponent was the principal beneficiary in the will, and one of the residuary legatees, and his interest in sustaining the will is direct and…
2Cases cited2 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Morawetz v. McGovernWisconsin Supreme Court · 1887
3Cited by9 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Wollman v. RuehleWisconsin Supreme Court · 1899
- In re Valentine's WillWisconsin Supreme Court · 1896
- Estate of JohnsonWisconsin Supreme Court · 1920
- McCoy v. ConradNebraska Supreme Court · 1902
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