Gavitt v. Moulton
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green Lake county: Geoege "W. BueNell, Circuit Judge. On August 1, 1900, George Gaviit presented to tbe county court for Green Lake copnty bis verified petition stating, in effect, that H. C. Moulton, of Berlin, in that county, died July 8, 1900, leaving an estate therein to be administered; that the deceased left no children him surviving and was never married; that he left the five persons therein named as next of kin and…
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Appeal from a judgment of tbe circuit court for Green Lake county: Geoege "W. BueNell, Circuit Judge. On August 1, 1900, George Gaviit presented to tbe county court for Green Lake copnty bis verified petition stating, in effect, that H. C. Moulton, of Berlin, in that county, died July 8, 1900, leaving an estate therein to be administered; that the deceased left no children him surviving and was never married; that he left the five persons therein named as next of kin and heirs at law of the said estate as therein mentioned; that the deceased left a will (the substance of which is therein…
1Opinion of the CourtCassoday, C. J.
The statute gives to the county court '“power to take proof of the execution and validity” of “any will of real or personal estate” which has been “lost or destroyed by accident or design,” and “t» establish the same.” Sec. 3791, Stats. 1898. “The petition for the probate of such will” must, however, “set forth the provisions thereof.” Id. That was done in the case at bar. “The same power” is thereby given to “the circuit court” “in an action brought for that purpose.” Id. Of course, the fact that such will is not in existence and cannot be produced makes it necessary to prove its contents by…
2Cases cited12 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Collyer v. . CollyerNew York Court of Appeals · 1888
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- In re Valentine's WillWisconsin Supreme Court · 1896
- Harris v. . HarrisNew York Court of Appeals · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Luis v. MuhrbackOregon Supreme Court · 1907
- Jackson v. HewlettSupreme Court of Virginia · 1913
- Estate of JohnsonWisconsin Supreme Court · 1920
- Ewing v. McIntyreMichigan Supreme Court · 1905
- Parsons v. BalsonWisconsin Supreme Court · 1906
10 more not listed; retrieve them via the Exa API.