Dicke v. Wagner
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: N. S. G-ilsoh, Circuit Judge. The facts of the case are fully stated in the opinion. They took the ground that the second will revoked the bequest of furniture to I. W. by the first, in that it expressly omitted reference thereto and limited the total amount bequeathed to her. "Where there are conflicting clauses the later one prevails.
Read the full summary
Appeal from a judgment of the circuit court for Manito-woc county: N. S. G-ilsoh, Circuit Judge. The facts of the case are fully stated in the opinion. They took the ground that the second will revoked the bequest of furniture to I. W. by the first, in that it expressly omitted reference thereto and limited the total amount bequeathed to her. "Where there are conflicting clauses the later one prevails. Hendershot v. Shields, 42 A. J. Eq. 317; Heidlebaugh v. Wagner, 72 Iowa, 601. The person named as wife was the niece of the testator and therefore could not lawfully be his wife, and was not…
1Opinion of the Court
Cassoday, O. J.
This is an appeal from a judgment of the circuit court, construing the last will and testament of Ernst Wagner, deceased. It appears from the record: That January 24, 1891, the deceased made his will, wherein and whereby he, in effect, gave, devised, and bequeathed to his wife, Ida Wagner, all his household furniture, without any exceptions or reservations; also one certain life insurance policy of $2,000 in the Germania Life Insurance Company of Aew York, on his life; also one other life insurance policy or certificate of $2,000, issued by the order of I. O. O. F. to him, and…
2Cases cited1 opinion
- Newman v. WatermanWisconsin Supreme Court · 1885
3Cited by6 opinions
- Nolan v. HumphriesArizona Supreme Court · 1940
- Estate of BrodersenCalifornia Court of Appeal · 1951
- Will of Weymouth v. WeymouthWisconsin Supreme Court · 1917
- McDole v. ThurmIllinois Supreme Court · 1916
- Presidio Lodge No. 354 v. HartterCalifornia Court of Appeal · 1951
1 more not listed; retrieve them via the Exa API.