Will of Marvin
Wisconsin Supreme Court
Appeal from a judgment of the county court of Barron county: A. F. Wright, Judge. This is a proceeding to establish a purported last will of Ella Marvin, deceased. Mrs. Marvin was sixty-six years of age at the time of her death, May 8, 1919, at her home in Barron county. She was survived by four-grandchildren, her only heirs at law. Her will, as originally drawn, left all of her property to Earl Johnson, one of these grandchildren.
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Appeal from a judgment of the county court of Barron county: A. F. Wright, Judge. This is a proceeding to establish a purported last will of Ella Marvin, deceased. Mrs. Marvin was sixty-six years of age at the time of her death, May 8, 1919, at her home in Barron county. She was survived by four-grandchildren, her only heirs at law. Her will, as originally drawn, left all of her property to Earl Johnson, one of these grandchildren. After Mrs. Marvin’s death her will was found in her home with pencil marks drawn through the words by which the property was given to Earl Johnson. Below the…
1Opinion of the Court
Siebecker, C. J.'
The county court, found.the necessary facts as to residence and death of testatrix to give jurisdiction of this proceeding, also that the paper propounded as the last will was properly executed on the date it bears as Mrs. Marvin’s last will. The contest arises on the issue whether or not the first paragraph of the proposed will was revoked by the testatrix. By the second paragraph she declares that she intentionally omits to- make any testamentary provision for her other grandchildren. The clause written in ink beneath the attestation clause is not signed by testatrix, nor…
2Cases cited3 opinions
- In re the Probate of the Last Will & Testament of PennimanSupreme Court of Minnesota · 1873
- Gardner v. GardinerSupreme Court of New Hampshire · 1889
- In re Knapen's WillSupreme Court of Vermont · 1903
3Cited by11 opinions
- Estate of BealeWisconsin Supreme Court · 1962
- Johnson v. KrocSupreme Court of Minnesota · 1923
- In Re Dougan's EstateOregon Supreme Court · 1935
- Callahan v. La Crosse Trust Co.Wisconsin Supreme Court · 1947
- Schneider v. HarringtonMassachusetts Supreme Judicial Court · 1947
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