Chapin Will Case
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Green County. On tbe 15th day of December, 1870, Ephraim Bradley Chafin executed an instrument in writing purporting to be his last will and testament, and on the 18th of the same month he died. It is understood that by such instrument he attempted to give his personal property to his wife Nancy Chafin, together with the use of his real estate during her life.
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APPEAL from tbe Circuit Court for Green County. On tbe 15th day of December, 1870, Ephraim Bradley Chafin executed an instrument in writing purporting to be his last will and testament, and on the 18th of the same month he died. It is understood that by such instrument he attempted to give his personal property to his wife Nancy Chafin, together with the use of his real estate during her life. The instrument contains the following clause: “I further will that ten years after the death of Nancy Chafin, the proceeds of my real estate be given to the American Bible Society forever.” To each of…
1Opinion of the CourtLyon, J.
The findings of the jury upon the first, second and fourth questions of fact submitted to them are abundantly supported by the testimony ; and the correctness of such findings is not disputed by the counsel for the contestants. Hence, no discussion thereof is necessary, and we pass at once to consider whether the evidence is sufficient to sustain the finding of the jury that Chafin was of unsound mind when he executed the instrument purporting to be his last will and testament.
Taking the testimony most strongly in favor of the contestants, the claim that the deceased was of an unsound mind…
2Cited by15 opinions
- Will of SmithWisconsin Supreme Court · 1881
- Burnham v. MitchellWisconsin Supreme Court · 1874
- Owen v. CrumbaughIllinois Supreme Court · 1907
- Marvin v. DutcherSupreme Court of Minnesota · 1880
- Wait v. WestfallIndiana Supreme Court · 1903
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