[DOWNLOAD] "Russell's Will. Sargent Et Al. v. Kujath" by Supreme Court of Wisconsin * Book PDF Kindle ePub Free

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eBook details

• Title: Russell's Will. Sargent Et Al. v. Kujath
• Author : Supreme Court of Wisconsin
• Release Date : January 03, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

In proceedings in the county court of Marquette county for the probate of the last will of Agnes E. Russell, deceased, some of her and also her deceased father's heirs at law objected to the probate thereof on the grounds that the instrument propounded for probate was not duly and properly executed as a will; that she was not competent to make a will on the date of the execution thereof; and that such execution was procured by fraud or undue influence exercised upon her by Howard Kujath and Stella Kujath and others. Upon the trial of the issues in relation to those grounds they were determined by the county court in favor of the proponents of the will, and judgment was entered admitting the instrument to probate. From that judgment the contestants of the will appealed to the circuit court for Marquette county. In connection with a trial de novo of said issues upon said appeal the contestants commenced an independent action in said circuit court to impress the assets of the estate of Agnes E. Russell, deceased, with a trust in their favor. The issues in said action were tried in connection with the trial of the appeal from the county court judgment, and the circuit court likewise decided all issues in favor of the proponents of the will and entered judgments (1) affirming the county court judgment admitting the will to probate, and (2) dismissing the independent action to impress the estate assets with a trust. The contestants Grace Skinner, a sister of the testatrix, and the children of her deceased brother, Samuel Russell, Jr., were some of the heirs at law of the testatrix, and they appealed from solely the circuit court judgment affirming the judgment of the county court admitting the will to probate. FRITZ, Chief Justice.

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