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ESTATE OF YAHN

258 Wis. 280 (1951)

ESTATE OF YAHN: YAHN and others, Appellants, vs. BARANT and others, Respondents.

Supreme Court of Wisconsin.

January 9, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Fisher & Fisher of Janesville, attorneys, and W. B. Rubin of Milwaukee of counsel, and oral argument by Mr. Cleland P. Fisher and Mr. Rubin.

For the respondents there was a brief by Quarles, Spence & Quarles, attorneys, and Richard S. Gibbs of counsel, all of Milwaukee, and oral argument by Mr. Gibbs.

GEHL, J.

Appellants contend that the doctrine of res adjudicata bars the admission to probate of the instrument dated October 8, 1947; that upon the record it must be found that the undue influence exercised by Miss Barant extended back at least to the time of the execution of the will of October 8th.

Upon the proceedings for the probate of the will of October 30th there was but one issue: Was that instrument the will of Charles S. Yahn? Although previous...

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