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ESTATE OF KAIMAN

13 Wis.2d 201 (1961)

ESTATE OF KAIMAN: KAIMANN, Appellant, v. GOODSITT and another, Respondents.

Supreme Court of Wisconsin.

April 4, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg & Kletzke and Kenneth Z. Kaiman, attorneys, and Roland J. Steinle, Sr., and John W. Bernard of counsel, all of Milwaukee, and oral argument by Mr. Sydney M. Eisenberg and Mr. Steinle.

For the respondents there was a brief by Raskin, Zubrensky & Padden, attorneys, and Max Raskin, William F. Quick, and Leonard S. Zubrensky of counsel, all of Milwaukee, and oral argument by Max Raskin and Leonard S. Zubrensky.

BROWN, J.

The weight to be given to conflicting evidence bearing upon testamentary capacity is for the trial court. The party contesting a will because of alleged lack of testamentary capacity has the burden of proving the incapacity by clear and satisfactory evidence. Estate of Knutson (1957), 275 Wis. 380, 82 N.W.2d 196. It is elementary that the question of competency is to be determined as of the time of the execution of...

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