Will of O'Hagan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rook, County. The case is stated in the opinion. to the point that the attestation clause at best raised a mere presumption of the due execution of the will, and that there should be positive evidence of that fact, cited Swell v. Boarclman, 1 Mass. 258; Dewey v. Dewey, 1 Met. 349; Bogan v. Gros-venor, 10 id. 54; Bxvtler v. Benson, 1 Barb. 527, 534-5; Abbey v. Christy, 49 id. 276; In re Will of Van Geison, 47 Hun, 5; Downie’s Will, 42 "Wis.…
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APPEAL from the Circuit Court for Rook, County. The case is stated in the opinion. to the point that the attestation clause at best raised a mere presumption of the due execution of the will, and that there should be positive evidence of that fact, cited Swell v. Boarclman, 1 Mass. 258; Dewey v. Dewey, 1 Met. 349; Bogan v. Gros-venor, 10 id. 54; Bxvtler v. Benson, 1 Barb. 527, 534-5; Abbey v. Christy, 49 id. 276; In re Will of Van Geison, 47 Hun, 5; Downie’s Will, 42 "Wis. 66.
1Opinion of the CourtLroir, J.
Daniel Riordan, the respondent in this' appeal, presented to the county court, for probate, an instrument in writing purporting to be the last will and testament of Peter O’Hagan, deceased, in which he devised and bequeathed all of his estate, real and personal, to his wife, Letitia O’Hagan. The instrument purports on its face to have been executed in the form required by the statute, and was attested in due form by J. A. Sherwood and P. Johnson. Probate of the instrument was opposed by the appellant, Joseph A. O’Bagan, a son of the testator by a former wife. The county court admitted the…
2Cases cited5 opinions
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Allen v. GriffinWisconsin Supreme Court · 1887
- Will of MeurerWisconsin Supreme Court · 1878
- In re WillWisconsin Supreme Court · 1881
- Will of JenkinsWisconsin Supreme Court · 1878
3Cited by12 opinions
- Gould v. Chicago Theological SeminaryIllinois Supreme Court · 1901
- Massey v. AllenTexas Commission of Appeals · 1923
- Seydler v. BaumgartenCourt of Appeals of Texas · 1956
- Lott v. LottSupreme Court of Minnesota · 1928
- Hawkinson v. OatwayWisconsin Supreme Court · 1910
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