Gailey v. Brown
Wisconsin Supreme Court
Appeal from an order of the circuit court for Portage county. Byron B. Park, Circuit Judge. This is a proceeding to compel Edzuard W. Brown to produce, for the purpose of probate, a will of Byron S. Gailey, deceased. Byron S. Gailey, a practicing physician of Jacksonville, 'Illinois, died November 8, 1916. At the time of his death he owned 320 acres of land in Portage county, and an interest in 200 acres of land in Waupaca county, in this state.
Read the full summary
Appeal from an order of the circuit court for Portage county. Byron B. Park, Circuit Judge. This is a proceeding to compel Edzuard W. Brown to produce, for the purpose of probate, a will of Byron S. Gailey, deceased. Byron S. Gailey, a practicing physician of Jacksonville, 'Illinois, died November 8, 1916. At the time of his death he owned 320 acres of land in Portage county, and an interest in 200 acres of land in Waupaca county, in this state. On July 14, 1914, he had executed a will which was signed by him that day in the presence of Edward W. Brown, who.retained possession of the…
1Opinion of the Court
The following opinion was filed April 29, 1919:
Siebecker, J.
This appeal presented the fundamental question whether or not Dr. Byron S. Gailey left a will devising his interest in real estate in Wisconsin. As appears from the foregoing statement, Dr. Gailey was a resident of Jacksonville, Morgan county, Illinois, at the time he executed *447a will, July 14, 1914, and continued to reside there to the time of his death. It is without dispute that under the law of Illinois his marriage in June, 1916, operated to revoke this will in the state of Illinois, and that his estate was administered in the…
2Cases cited3 opinions
- Ford v. FordWisconsin Supreme Court · 1887
- Glascott v. BraggWisconsin Supreme Court · 1901
- Gertsen v. ClementsonWisconsin Supreme Court · 1906
3Cited by4 opinions
- Will of EatonWisconsin Supreme Court · 1925
- Will of WehrWisconsin Supreme Court · 1945
- Hebblewhite v. ScottWisconsin Supreme Court · 1938
- First Presbyterian Church v. HodgeSupreme Court of Iowa · 1949