Jones v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. December 7, 1873, Ebenezer E. Jones, late of Dodge county, died testate, leaving surviving him Margaret Jones, his widow, and David E., John E., and Ebenezer D. Jones, and Ruth Butler, his children, and only heirs at law.
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APPEAL from the Circuit Court for Dodge County. December 7, 1873, Ebenezer E. Jones, late of Dodge county, died testate, leaving surviving him Margaret Jones, his widow, and David E., John E., and Ebenezer D. Jones, and Ruth Butler, his children, and only heirs at law. The day before his death he duly executed a will, the material portions of which are as follows: “ After my lawful debts are paid and discharged, I give, bequeath, and dispose of as follows, to wit: To my beloved wife, Margaret Jones, all that is in my possession at the time of my decease; and also my wife have right to sell…
1Opinion of the CourtLyoN, J.
It was said by Chief Justice Marshall in Smith v. Bell, 6 Pet. 68, that “ the first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in the will shall prevail, provided it be consistent with the rules of law.” This rule has been asserted in a variety of forms, and enforced in all courts of this country and England whose decisions are authoritative, and it has never been shaken by adverse rulings.
The case of Knox v. Knox, 59 Wis. 172, affords an apt illustration of the application of the rule. The will to which…
2Cases cited6 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Terry v. . WigginsNew York Court of Appeals · 1872
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Knox v. KnoxWisconsin Supreme Court · 1884
- Bookhout v. StateWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Larsen v. JohnsonWisconsin Supreme Court · 1890
- Allen v. BoomerWisconsin Supreme Court · 1892
- Estate of Holmes v. HolmesWisconsin Supreme Court · 1939
- Perkinson v. ClarkeWisconsin Supreme Court · 1908
14 more not listed; retrieve them via the Exa API.