Will of Ladd
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The case is thus stated by Mr. Justice Cassoday: “ It appears from the record and, in fact, is admitted by all parties and, in effect, found by the court, that the will of the testatrix was duly made, executed, attested, wit-,( nessed, published, and declared as a will, July 29, 1870, in the state of New York, but in strict conformity with our statutes, and that the will is entitled to probate, if not revoked ; that the paper…
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APPEAL from the Circuit Court for Grant County. The case is thus stated by Mr. Justice Cassoday: “ It appears from the record and, in fact, is admitted by all parties and, in effect, found by the court, that the will of the testatrix was duly made, executed, attested, wit-,( nessed, published, and declared as a will, July 29, 1870, in the state of New York, but in strict conformity with our statutes, and that the will is entitled to probate, if not revoked ; that the paper upon which the will was written was a very large, thick, double sheet, the first page of which was originally a printed…
1Opinion of the CourtCassoday, J.
The frauds incident to allowing written wills to be set aside by parol testimony finally culminated more than two hundred years ago in the trial of the feigned issue in Cole v. Mor daunt, where it appeared at the bar of the King’s Bench that most of the nine witnesses against the will were guilty of deliberate perjury, and that the widow who sought to set aside the will was guilty of subornation of perjury. On a petition for a review of the case, Lord Chancellor Nottingiiam: remarked that “ he hoped to see one day a law that no written will should ever be revoked but by writing.” See notes to…
2Cases cited23 opinions
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Wolf v. BollingerIllinois Supreme Court · 1872
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In re Valentine's WillWisconsin Supreme Court · 1896
- In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
- Newman v. WatermanWisconsin Supreme Court · 1885
- Howard v. HunterSupreme Court of Georgia · 1902
10 more not listed; retrieve them via the Exa API.