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WILL OF WICKER

15 Wis.2d 86 (1961)

WILL OF WICKER: WICKER, Appellant, v. GUNDELACH and another, Respondents.

Supreme Court of Wisconsin.

November 28, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Nikolay, Jensen & Scott of Abbotsford, and oral argument by John J. Nikolay.

For the respondents there was a brief by Schmidt & Schmidt, attorneys, and Gorman & Gorman of counsel, all of Wausau, and oral argument by David A. Gorman.

HALLOWS, J.

The test for testamentary capacity, as it is applied in Wisconsin, was originally taken from Delafield v. Parish (1862), 25 N.Y. 9. See Holden v. Meadows (1872), 31 Wis. 284. The rule has been stated in essentially the same form in many cases. The rule, as generally stated, is:

"The test is not whether the testator did the best or the wisest or the theoretically just thing in his will; but, Did he have sufficient active memory to...

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