Scott v. West
Wisconsin Supreme Court
APPEAL from tlie County Court of Milwaukee County. The following statement of the facts was prepared by Mr. Justice Oassoday; “ March 1Y, 1883, Napoleon B. Caswell died at his residence in Milwaukee, leaving a will, executed July 16, 1880, which was proved and admitted to probate, July 5, 1883, and which, omitting immaterial parts, was as follows, to wit: “ ‘ First.
Read the full summary
APPEAL from tlie County Court of Milwaukee County. The following statement of the facts was prepared by Mr. Justice Oassoday; “ March 1Y, 1883, Napoleon B. Caswell died at his residence in Milwaukee, leaving a will, executed July 16, 1880, which was proved and admitted to probate, July 5, 1883, and which, omitting immaterial parts, was as follows, to wit: “ ‘ First. I give and bequeath to my daughters, Marry and Kate, three twenty-fourth parts each of the net income of my estate during their natural • lives; and in case either or both of my said daughters shall marry and have issue, I give…
1Opinion of the Court
The following opinion was filed July 2, 1885:
Cassoday, J.
The testator had. sufficient sagacity to accumulate a large fortune. He lacked the requisite sagacity *550to secure competent legal aid in drawing a will which should embody an intelligent expression of his purposes and at the same time be free from legal complexity. The result of such failure is this suit to ascertain his intentions as expressed in his will and to determine whether any of its provisions were in violation of any rule of law. Possibly other suits may arise. Whether such failure was induced by economic considerations, or an…
2Cases cited72 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Manice v. . ManiceNew York Court of Appeals · 1871
- Moore v. LyonsNew York Supreme Court · 1840
- Doe v. ConsidineSupreme Court of the United States · 1868
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
67 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Ford v. FordWisconsin Supreme Court · 1887
- Webster v. MorrisWisconsin Supreme Court · 1886
- Archer v. JacobsSupreme Court of Iowa · 1904
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
67 more not listed; retrieve them via the Exa API.