172 Wis. 457 | Wis. | 1920
The county court, found.the necessary facts as to residence and death of testatrix to give jurisdiction of this proceeding, also that the paper propounded as the last will was properly executed on the date it bears as Mrs. Marvin’s last will. The contest arises on the issue whether or not the first paragraph of the proposed will was revoked by the testatrix. By the second paragraph she declares that she intentionally omits to- make any testamentary provision for her other grandchildren. The clause written in ink beneath the attestation clause is not signed by testatrix, nor is it witnessed. An inspection of. the face of the
“is conditional and dependent on the efficacy. of the attempted new disposition, and that failing, the revocation also fails; the purpose to revoke being considered to be, not a distinct independent intention, but subservient to the purpose of making a new disposition of the property.” 1 Jarman, Wills (2d ed.) 185; 40 Cyc. 1188; Gardiner v. Gardiner, 65 N. H. 230, 19 Atl. 651; Penniman’s Will, 20 Minn. 245; Knapen’s Will, 75 Vt. 146, 53 Atl. 1003.
It follows that the attempted changes by the testatrix did not become effective, and her will as originally drawn was properly probated by the county court.
By the Court. — The judgment is affirmed.