Will of Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mihfíauhee County. John B. Smith died at the city of Milwaukee in January, 1879. leaving surviving him a widow, Elizabeth J. Smith, whom he married in 1871, and four children by a former wife, the youngest of whom was about thirty years of age when John B. Smith died.
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APPEAL from the Circuit Court for Mihfíauhee County. John B. Smith died at the city of Milwaukee in January, 1879. leaving surviving him a widow, Elizabeth J. Smith, whom he married in 1871, and four children by a former wife, the youngest of whom was about thirty years of age when John B. Smith died. The mother of these children died in 1868. After the death of Mr. Smith, his widow presented to the county court for probate an instrument in writing purporting to be the last will of her deceased husband. The. instrument is as follows: “ I, John B. Smith, of Milwaukee, in the state of…
1Opinion of the Court
The following opinion was filed April 19, 1881:
Lyon, J.
The judgment of the circuit court went upon the ground that it is essential to the validity of a will that it be attested and subscribed by two witnesses in the presence of each other, as well as in the presence of the testator. Our statute contains no such provision. It only requires that the will shall be “ attested and subscribed in the presence of the testator by two or more competent witnesses.” R. S., 650, sec. 2282. So far as we are aware, the eases on this subject arising under statutes similar to ours (many of which are cited in…
2Cases cited8 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Will of ColeWisconsin Supreme Court · 1880
- Burnham v. MitchellWisconsin Supreme Court · 1874
- In re WillWisconsin Supreme Court · 1881
- Holden v. MeadowsWisconsin Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- McMaster v. ScrivenWisconsin Supreme Court · 1893
- Wait v. WestfallIndiana Supreme Court · 1903
- In Re Estate of EmartCalifornia Supreme Court · 1917
27 more not listed; retrieve them via the Exa API.