Wendt v. Ziegenhagen
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Proceedings were commenced in tbe county court for tbe probate of an alleged lost will under sec. 3191, Stats. (1898). Tbe county court refused to admit tbe will to probate, and on appeal to tbe circuit court tbe will was probated.
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Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Proceedings were commenced in tbe county court for tbe probate of an alleged lost will under sec. 3191, Stats. (1898). Tbe county court refused to admit tbe will to probate, and on appeal to tbe circuit court tbe will was probated. Tbe case was tried before a jury in tbe circuit court and tbe following verdict returned: “(1) Did William Ziegenhagen execute a valid will on or about June 9, 1900, at tbe office of Connell & ITart, in Wau-paca, Wisconsin? A. (by tbe court). Yes. “(2) Did said testator in…
1Opinion of the CourtKerwin, J.
The contention of the appellant for reversal is that the evidence is not sufficient to overcome the presumption of destruction of the will by deceased animo revocandi. The questions covering this contention were submitted to the-jury and answered in favor of the. respondent. The verdict of the jury was approved by the court and further findings made, which appear in the statement of facts. The proceeding to probate the will in question is based upon sec. 3791, Stats. (1898),’ which provides for the establishment of a lost or destroyed will. Counsel for appellant rely upon the proposition of…
2Cases cited6 opinions
- Schultz v. . SchultzNew York Court of Appeals · 1866
- In re Valentine's WillWisconsin Supreme Court · 1896
- Aikin v. WeckerlyMichigan Supreme Court · 1870
- Ewing v. McIntyreMichigan Supreme Court · 1905
- Gavitt v. MoultonWisconsin Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Estate of MorganIllinois Supreme Court · 1945
- In Re the Estate of AurittWashington Supreme Court · 1933
- Lowe v. FicklingSupreme Court of South Carolina · 1945
- Estate of MarkofskeWisconsin Supreme Court · 1970
- Firestone v. GreenbergSupreme Court of Minnesota · 1957
5 more not listed; retrieve them via the Exa API.