McMaster v. Scriven
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. This is an appeal from the judgment of the circuit court affirming the order of the county court for Rock county admitting to probate an instrument propounded as the last will of Susan R. Pitt, deceased, made August 3,1891. She died on the 10th day of the same month. 'The validity of her will was contested by A. H. McMaster, one of her heirs at laiv, on the ground of want of testamentary capacity of the testatrix; that it was…
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APPEAL from the Circuit Court for Rock County. This is an appeal from the judgment of the circuit court affirming the order of the county court for Rock county admitting to probate an instrument propounded as the last will of Susan R. Pitt, deceased, made August 3,1891. She died on the 10th day of the same month. 'The validity of her will was contested by A. H. McMaster, one of her heirs at laiv, on the ground of want of testamentary capacity of the testatrix; that it was not executed by her, if at all, with full knowledge of its provisions; and that it was made and obtained through fraud and…
1Opinion of the CourtPunnet, J.
1. The objection made to the reception in evidence of the instructions given by the testatrix to Mr. Wiekhem, the attorney who prepared her will, and what took place between them on the subject of the will, is founded on the statute (sec. 4076, E. S.), which provides *168that “ an attorney or counsellor shall not be allowed to disclose a communication* made by his client to him, or his advice given thereon, in the course of his professional employment.” The testatrix requested Mr. Wickhem to sign the will which was the result of the communications between them, as a subscribing witness, and he…
2Cases cited10 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Tyler v. . GardinerNew York Court of Appeals · 1866
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Davis v. DeanWisconsin Supreme Court · 1886
- Will of SlingerWisconsin Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Koeber v. SomersWisconsin Supreme Court · 1901
- In re Young's EstateUtah Supreme Court · 1908
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- O'Brien v. SpaldingSupreme Court of Georgia · 1897
22 more not listed; retrieve them via the Exa API.