ESTATE OF PHILLIPS


15 Wis.2d 226 (1961)

ESTATE OF PHILLIPS: SCHULTZ, Executor, and another, Contestants and Appellants, v. LENA and others, Proponents and Respondents.

Supreme Court of Wisconsin.

December 29, 1961.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Stephen R. Miller of Milwaukee.

For the respondents there was a brief by Rheingans, Ketterer & Heidtman of Milwaukee, and oral argument by Russell E. Heidtman.


MARTIN, C. J.

The trial court found there was no evidence of improper execution of the will of January 4, 1960. It found that on that date testatrix had the capacity to make a testamentary disposition of her property. It also found that although Harold and Sylvia Lena did have the opportunity to exercise undue influence and the terms of the will were consistent with such an allegation, the appellants failed to prove the Lenas were disposed to exercise undue influence...

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