Bovee v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outaga-mie county: John Goodland, Circuit Judge. It appears from the record and is undisputed that June 21, 1904, Frederick Bovee executed his will wherein he nominated and appointed the proponent, George A. Johnson, executor thereof, and in which he bequeathed to his son, the contestant, Irving Bovee, $10. July 19, 1904, the said Frederick Bovee died, leaving said instrument.
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Appeal from a judgment of the circuit court for Outaga-mie county: John Goodland, Circuit Judge. It appears from the record and is undisputed that June 21, 1904, Frederick Bovee executed his will wherein he nominated and appointed the proponent, George A. Johnson, executor thereof, and in which he bequeathed to his son, the contestant, Irving Bovee, $10. July 19, 1904, the said Frederick Bovee died, leaving said instrument. On August 23, 1904, said will was admitted to probate by the county court of Calumet county. Within the time required by the statutes the son, Irving Bovee, by his…
1Opinion of the CourtCassoday, C. J.
1. The rulings of the circuit court to which exceptions were taken were to the effect that where an heir at law is present in the county court at the time the will is admitted to probate and makes no objection to the same, and subsequently appeals therefrom to the circuit court, he is estopped from contesting such probate in the circuit court by reason of his consent given in the county court. If such is the *451law then it has been repeatedly disregarded by trial courts, if not by this court. The statute declares:
“No will shall be effectual to pass either real or personal estate unless it shall…
2Cases cited6 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Will of SlingerWisconsin Supreme Court · 1888
- In re Will of HuntWisconsin Supreme Court · 1904
- Central Bank of Wisconsin v. St. JohnWisconsin Supreme Court · 1863
- Fitch v. HuntingtonWisconsin Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dilger v. Estate of McQuadeWisconsin Supreme Court · 1914