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ESTATE OF MAXCY

258 Wis. 360 (1951)

ESTATE OF MAXCY: FLORIDA SYNOD OF THE PRESBYTERIAN CHURCH, U. S. A., and another, Appellants, vs. NICHOLLS and others, Respondents.

Supreme Court of Wisconsin.

February 6, 1951.

Attorney(s) appearing for the Case

For the appellant Florida Synod of the Presbyterian Church, U. S. A., there were briefs by Bender, Trump & McIntyre, attorneys, and Walter H. Bender and Kneeland A. Godfrey of counsel, all of Milwaukee, and oral argument by Mr. Godfrey and Mr. Walter H. Bender, and by Mr. Edwin M. Wilkie of Madison.

For the respondents there was a brief by Roberts, Roe, Boardman, Suhr & Bjork of Madison, and oral argument by Glenn D. Roberts and W. Wade Boardman.

GEHL, J.

The rule to be applied in the determination of the ultimate issue in this case is stated in Will of Faulks (1945), 246 Wis. 319, 361, 17 N.W.2d 423:

"The ultimate facts necessary to be proven in order to establish undue influence have been frequently stated. We shall state them briefly without comment or citation of authority as it facilitates the discussion of the issues. (1) A person unquestionably subject to undue influence. (2) Opportunity...

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