In re Downie's Will
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. An instrument in writing, purporting to be the last will and testament of Timothy C. Downie, deceased, was presented for probate to the county court, and probate thereof was refused on the sole ground that the instrument was not attested and subscribed in the presence of the testator by two witnesses.
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APPEAL from tbe Circuit Court for Walworth County. An instrument in writing, purporting to be the last will and testament of Timothy C. Downie, deceased, was presented for probate to the county court, and probate thereof was refused on the sole ground that the instrument was not attested and subscribed in the presence of the testator by two witnesses. Halen D. Hevendorf, who is named therein as a legatee, appealed to the circuit court from the order of the county court refusing to admit the instrument to probate. The matter was heard on the same evidence introduced on the hearing in the…
1Opinion of the CourtLyoN, J.
There can be no doubt that when the deceased signed the instrument propounded as his last will and testament, and when the signatures of his brother George and *72Watson were appended to it, be was of sound disposing mind and memory. Neither is there any reason to doubt that the instrument expresses his real intention in regard to the disposition of his property after his death; and the record discloses no ground for suspecting that any injustice would be done to his heir-at-law, should the instrument be established as his last will. Indeed, the case is singularly free of those extraneous…
2Cases cited1 opinion
- Jackman Will CaseWisconsin Supreme Court · 1870
3Cited by13 opinions
- Hill v. DavisSupreme Court of Oklahoma · 1917
- Olmstead v. BussCalifornia Supreme Court · 1898
- Calkins v. CalkinsIllinois Supreme Court · 1905
- Cook v. WinchesterMichigan Supreme Court · 1890
- In Re Demaris' EstateOregon Supreme Court · 1940
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