Legal Opinion

Miller v. Drane

Wisconsin Supreme Court

Decided May 24, 1898PublishedCited by 10 opinions

Appeal from an order of the circuit court for Green county: JohN R. BeNNett, Circuit Judge. ■ The appeal is from an order overruling the defendant’s demurrer to the plaintiff’s complaint in an action for the construction of a will, the objection to the complaint being that it did not state facts sufficient to constitute a cause of action.

1Opinion of the CourtPinney, J.

Sarah Drane, the wife of the defendant, Si/ram Drane, died at Monroe, Wis., October 7, 1891, leaving her last will and testament, which was duly admitted to probate in the county court of Green county, November 19, 1891. The plaintiff, a sister of the testatrix, was her principal legatee, the defendant, Siram Drane, being a beneficiary of a part of the estate during his lifetime. In the will of the testatrix are found the following provisions: “First. I give, devise, and bequeath to my sister Indiana, Miller one certain obligation in writing, bearing date the 8th day of September, A. D. 1885,…

2Cases cited4 opinions

  1. Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
  2. Brook v. ChappellWisconsin Supreme Court · 1874
  3. Catlin v. WheelerWisconsin Supreme Court · 1880
  4. Gullickson v. MadsenWisconsin Supreme Court · 1894

3Cited by10 opinions

  1. Pabst v. GoodrichWisconsin Supreme Court · 1907
  2. Murphy v. McBrideSupreme Court of Delaware · 1925
  3. Upshaw v. EubankSupreme Court of Alabama · 1933
  4. Dells Paper & Pulp Co. v. Willow River Lumber Co.Wisconsin Supreme Court · 1919
  5. Frank v. FrankSupreme Court of Arkansas · 1908

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