Legal Opinion

Estate of Lagershausen v. Kusta

Wisconsin Supreme Court

Decided April 7, 1937PublishedCited by 6 opinions

1Opinion of the CourtFowler, J.

We are constrained to hold that the findings of fact of the trial judge that due signing and publication of the will by the testator wás not established are contrary to the great weight and clear preponderance'of the evidence, notwithstanding the unusual location of the signatures of the testator and the scrivener.

The statute prescribing the requirements for the execution of a will only requires, under circumstances such as are here involved, (1) that the will be in writing; (2) that it be signed by the testator; and (3) that it be “attested and subscribed in the presence of the testator by…

2Cases cited10 opinions

  1. Will of MeurerWisconsin Supreme Court · 1878
  2. Meads v. EarleMassachusetts Supreme Judicial Court · 1910
  3. Skinner v. American Bible SocietyWisconsin Supreme Court · 1896
  4. Williams v. MalmWisconsin Supreme Court · 1912
  5. In Re Thomas' EstateMichigan Supreme Court · 1928

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

3Cited by6 opinions

  1. In Re Cosgrove's EstateMichigan Supreme Court · 1939
  2. Fairweather v. LoveWisconsin Supreme Court · 1939
  3. Tallmadge v. ZivnuskaWisconsin Supreme Court · 1937
  4. Estate of McCarthyWisconsin Supreme Court · 1953
  5. Strahota v. StrahotaWisconsin Supreme Court · 1956

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

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