Legal Opinion

In re the Will of Blakely

Wisconsin Supreme Court

Decided February 3, 1880PublishedCited by 17 opinions

APPEAL from the Circuit Court for Winnehcogo County. The circuit court reversed an order of the county court of said county, admitting to probate the will of Sarah M. Blakely. Prom the judgment of the circuit court, this appeal was taken by David Blakely, contestant of the will.

1Opinion of the CourtCole, J.

The sole question in this case relates to the testamentary capacity of Mrs. Blakely to make the .will executed by her on the seventh of April, 1876. The validity of the will is contested by her surviving husband, David Blakely, heir-at-law. The county court admitted the will to probate; but on appeal the circuit court decided that the testatrix was incompetent, by reason of mental unsoundness and insanity, to make a valid will, and reversed the order. The circuit court found from the evidence that Mrs. Blakely had been of unsound mind and chronically insane for a long time prior to the making…

2Cases cited2 opinions

  1. Burnham v. MitchellWisconsin Supreme Court · 1874
  2. Holden v. MeadowsWisconsin Supreme Court · 1872

3Cited by17 opinions

  1. Chrisman v. CherismanOregon Supreme Court · 1888
  2. Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
  3. Will of SmithWisconsin Supreme Court · 1881
  4. McMaster v. ScrivenWisconsin Supreme Court · 1893
  5. In re Downing's WillWisconsin Supreme Court · 1903

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