NYKA v. STATE


268 Wis. 644 (1955)

NYKA and others, Respondents, vs. THE STATE, Appellant.

Supreme Court of Wisconsin.

February 8, 1955.


Attorney(s) appearing for the Case

For the appellant there were briefs by the Attorney General and Stewart G. Honeck, deputy attorney general, and Beatrice Lampert, assistant attorney general, and oral argument by Mrs. Lampert.

For the respondents there were briefs by Lueck, Skupniewitz & Lueck of Beaver Dam, and oral argument by Arthur W. Lueck.


MARTIN, J.

It is the basic contention of the plaintiffs that Mary Jaczko was incompetent to execute the deed in question.

In 28 Am. Jur., Insane and Other Incompetent Persons, pp. 751-753, it is stated:

"It is well settled that the law will presume sanity rather than insanity, competency rather than incompetency; it will presume that every man is sane and fully competent until satisfactory proof to the contrary is presented." P. 751, sec. 121.

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